§ 24-20. Abnormal occurrences.

(1)

Reports required. In the event of any breakdown or lack of proper functioning of any facility installed or operating under the provisions of this chapter, which causes or may cause improperly treated or untreated potable water or sewage or hazardous materials or industrial wastes to be discharged from the plant or facility, or which causes or may cause a nuisance or sanitary nuisance or the emission of air contaminants in excess of the quantity permitted by the provisions of this chapter, it shall be the duty of the owner or operator thereof to immediately notify the Director or the Director's designee and to take all actions necessary to prevent or minimize air, water or ground pollution. It shall be unlawful to fail to notify the Director or the Director's designee as required herein and said notification shall not be a defense to any civil liability imposed under the provisions of this chapter.

(2)

Power to stop operation of facility. If in the judgment of the Director or the Director's designee, the abnormal operation of any facility, equipment, process, or plant is causing or will cause air, water or ground pollution to such extent as to be or become dangerous to the public health, safety or welfare, the Director or the Director's designee may require such corrective measures as may be necessary for the protection of the public on an emergency basis, and the Director or the Director's designee shall have the power and authority to cause all operation(s) of the facility, equipment, process or plant to cease until appropriate corrective measures have been taken by issuing an order to the owner or operator thereof directing the cessation of the operation(s) or by ordering the utility providing water service to the facility or plant to cease providing such service. If the cessation of the operation(s) of any sewage treatment plant would cause greater danger to the public than that caused by the continued operation(s) thereof, the Director or the Director's designee, shall not order such cessation, but shall order that steps be taken immediately to rectify the dangerous condition. Any person polluting the ground or waters of the County shall, within the earliest practicable time, correct the violations caused by the pollution and restore said ground or waters in accordance with the provisions of this chapter. If such person fails to make said restoration, the Director may seek an injunction in a court having jurisdiction to compel said person to perform such restoration. In the alternative and at his election, if restoration is not effected, the Director may restore the ground or waters and shall be reimbursed by the persons causing the pollution for the actual costs of investigation, restoration and prevention. The Director shall institute suit to enforce such reimbursement if it is not made within ten (10) days from demand therefor.

(3)

Permissible operations. Discharges or emissions exceeding any of the limits established in this chapter as a direct result of upset conditions in or breakdown of any pollution control equipment or related operating equipment, or as a direct result of the shutdown of such equipment for scheduled maintenance, shall not be deemed to be in violation of the rules establishing such limits, provided that such occurrence shall have been reported to the Director or the Director's designee, as soon as reasonably possible; for scheduled maintenance such report shall be submitted at least twenty-four (24) hours prior to shutdown, and for upset conditions or breakdown such report shall in any case be made within four (4) hours of the occurrence; and provided that the person responsible for such discharge or emission shall, with all practicable speed, initiate and complete appropriate reasonable action to correct the conditions causing such discharge or emission to exceed said limits; to reduce the frequency of occurrence of such conditions; to minimize the amount by which said limits are exceeded; and to reduce the length of time for which said limits are exceeded; and shall, upon request of the Director or the Director's designee, submit a full report of such occurrence, including a statement of all known causes and of the scheduling and nature of the actions taken; provided that the provisions of this subsection shall not be construed to permit any nuisance, sanitary nuisance, or any other conditions dangerous to the public health, safety, or welfare, or as imposing any limitation upon the powers of the Director prescribed in subsection (2) hereof.

(4)

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

(a)

Class A—those emergencies resulting from or due to natural calamitous occurrences such as, but not limited to, hurricanes, tornadoes, fires, floods, or high winds which involve: (i) the loss of human life or limb, (ii) the loss or damage to property, or (iii) the breaks of dams, levees, or water control structures. No permit shall be required for temporary measures taken to correct or give relief from class A emergencies. Immediately after the occurrence of a class A emergency, the Department shall be notified of the emergency. Within fourteen (14) calendar days after the correction of the emergency a report to the Department shall be made setting forth the details of the emergency, the steps taken for its temporary relief, and any pollution control measures which were utilized or are being utilized to prevent pollution of waters over submerged lands or coastal wetlands. A permit is required for any permanent measures subject to the requirements of Division I of Article IV of the Code of Miami-Dade County, and for any permanent measures in relief of class A emergencies.

(b)

Class B—those emergencies resulting from non-natural disasters such as, but not limited to, bridge collapses, sudden and unpredictable structural collapses and failures, and sudden and unpredictable hazards to navigation which do not threaten the immediate loss of life or property but which will require immediate action for relief. No permit shall be required for temporary measures needed to correct or provide relief for class B emergencies. Temporary measures shall be limited to only those minimum activities required to protect against loss of life, limb, health or property or which immediately threaten plant and animal life. The Department shall be notified in writing within fourteen (14) calendar days after completion of the temporary measures which have been taken. The written notification shall include a description of all activities which have occurred as well as any pollution control measures which were utilized to prevent pollution of waters of the County or wetlands. A permit is required for any permanent measures subject to the requirements of Division I of Article IV of the Code of Miami-Dade County and for any permanent measures taken for relief of class B emergencies.

(c)

Upon applying for a permit for permanent measures in relief of a Class A or a Class B emergency, the Director or the Director's designee may issue an emergency authorization to proceed with construction, repair, or stabilization activities, subject to conditions, limitations or restrictions. Prior to the issuance of an emergency authorization, the Director or the Director's designee may require the posting of a performance bond to ensure compliance with the conditions of the emergency authorization, the submittal of plans or sketches of the proposed work, and a plan which details the measures to be taken to prevent or minimize pollution impacts to the work area. If the Director or the Director's designee determines that work allowed by an emergency authorization issued pursuant to Section 24-20(4) has not been performed in accordance with the approved plans upon which the emergency authorization was issued or has not complied with all of the conditions or special conditions of the emergency authorization, the Director or the Director's designee shall notify the permit applicant of such noncompliance and specify a period of time in which the permit applicant shall correct or otherwise bring the work into compliance with the emergency authorization. In the event that the permit applicant fails or is unable to comply with the requirements of the notice, the Director or the Director's designee may, in addition to available enforcement remedies, call the performance bonds for the project.

Emergency authorizations issued pursuant to Section 24-20(4) are temporary in nature and may be suspended or revoked by the Director or the Director's designee in the event of noncompliance with the conditions, limitations, or restrictions of the emergency authorization or non-compliance with the provisions of this chapter. The issuance of an emergency authorization, the decision of the Director or the Director's designee to issue an emergency authorization, the suspension or revocation of an emergency authorization, or the decision of the Director to suspend or revoke an emergency authorization, is not subject to review pursuant to Section 24-11 of the Code of Miami-Dade County, Florida.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08; Ord. No. 12-58, § 2, 7-3-12)