§ 24-7. Same—Duties and powers.

The duties, functions, powers and responsibilities of the Director of the Miami-Dade County Department of Environmental Resources Management, shall include the following:

(1)

The enforcement of the provisions of this chapter and the rules and regulations promulgated hereunder, all rules and regulations of the Florida Department of Environmental Protection pertaining to air and water pollution and the Federal Pretreatment Standards, promulgated under the authority of Section 307 of the Federal Clean Water Act, as incorporated in this chapter.

(2)

Investigate complaints, study and observe air and water pollution conditions, institute actions necessary to abate nuisances caused by air and water pollution, and prosecute proceedings for violations of this chapter.

(3)

Make appropriate surveys, tests and inspections to determine whether the provisions of this chapter are being complied with, and whether air and water pollution is being effectively controlled throughout this County.

(4)

Make inspections of property, facilities, equipment and processes operating under the provisions of this chapter to determine whether the provisions of this chapter are being complied with, and make recommendations for methods by which air and water pollution may be reduced or eliminated.

(5)

Maintain and review all operating records required to be filed by persons operating facilities and equipment subject to the provisions of this chapter and as required by 40 CFR 403.8 and 40 CFR 403.12, Federal Pretreatment Regulations.

(6)

Render all possible assistance and technical advice to persons operating equipment, facilities and processes, the use of which may cause air or water pollution, provided that the Director or the Director's designee shall not design equipment or facilities for any person.

(7)

Establish, operate and maintain a continuous program for monitoring air and water pollution by means of countywide air and water quality surveillance networks designed to provide accurate data and information as to whether the requirements of this chapter are being complied with and whether the level of air and water pollution is increasing or decreasing throughout this County.

(8)

Publish and disseminate information to the public concerning air and water pollution and recommended methods for decreasing and eliminating pollution. Additionally, publish annually a list of industrial users in significant noncompliance in accordance with the requirements of 40 CFR 403.8(f)(2)(vii), Federal Pretreatment Regulations.

(9)

Render assistance to the State of Florida Department of Environmental Protection in connection with the review of plans, specifications and processes filed in accordance with the requirements of this chapter.

(10)

Render all possible cooperation and assistance to federal, State and local agencies in the accomplishment of the effective control of air and water pollution.

(11)

Enlist and encourage public support, and the assistance of civic, technical, scientific and educational organizations, and the cooperation of industrial and business enterprises and organizations.

(12)

Make periodic reports concerning the status of air and water pollution in this County and the enforcement of the provisions of this chapter, and recommendations concerning the improvement of pollution requirements. Such reports shall be filed with the County Manager and made available to the County Commission, the State of Florida Department of Environmental Protection, and other cognizant agencies.

(13)

Make continuing studies and periodic reports and recommendations for the improvement of air and water pollution controls in the County, and work in cooperation with the State of Florida Department of Environmental Protection, the United States Public Health Service and other appropriate agencies and groups interested in the field of air and water pollution.

(14)

Investigate air and water pollution control programs and activities in operation in other areas and to make recommendations for the improvement of the regulation, administration and enforcement of pollution controls in this County. Publicize the importance of adequate pollution controls, to hold public hearings, discussions, forums and institutes, and arrange programs for the presentation of information by experts in the field of air and water pollution, and visit and study pollution control programs conducted in other metropolitan areas, subject to budget limitations.

(15)

(a)

Whenever evidence has been obtained or received establishing that a violation of this chapter has been committed, the Director or the Director's designee, shall issue a notice to correct the violation or a citation to cease the violation and cause the same to be served upon the violator by personal service or certified mail or by posting a copy in a conspicuous place on the premises of the facility causing the violation. Such notice or citation shall briefly set forth the general nature of the violation and specify a reasonable time within which the violation shall be rectified or stopped, commensurate with the circumstances. Reasonable time herein means the shortest practicable time to rectify or stop the violation. If notice to correct the violation or citation to cease the violation is not obeyed within the time set forth therein, the Director or the Director's designee, shall have the power and authority to issue an order requiring the violator to restrict, cease or suspend operation of the facility causing the violation until the violation is corrected. Any orders issued by the Director or the Director's designee, hereunder may be enforced by suit brought by the Director in the appropriate court of competent jurisdiction.

(b)

Whenever a violation of this chapter has been committed, the Director may initiate proceedings against the violator in the appropriate court for such violation, whether or not a notice to correct the violation or citation to cease the violation has been issued by the Director or the Director's designee.

(c)

The Director or the Director's designee, may, in the Director's or the Director's designee's discretion, terminate an investigation or an action commenced under the provisions of this chapter upon execution of a written consent agreement between the Director, or the Director's designee, and the persons who are the subjects of the investigation or action. The consent agreement shall provide written assurance of voluntary compliance with all the applicable provisions of this chapter by said persons. The consent agreement may, in the discretion of the Director, or the Director's designee, provide the following: environmental mitigation; compensatory damages; punitive damages; civil penalties; costs and expenses of the County in tracing the source of any discharge, in controlling and abating the source of the pollutants and the pollutants themselves, and in restoring the air, waters, ground and property, including animal, plant and aquatic life, of the County in accordance with the provisions of this chapter; costs of the County for investigation, enforcement, testing, monitoring, and litigation, including attorneys' fees; and remedial or corrective action. An executed written consent agreement shall neither be evidence of a prior violation of this chapter nor shall such agreement be deemed to impose any limitation upon any investigation or action by the Director, or the Director's designee, in the enforcement of this chapter. The consent agreement shall not constitute a waiver of or limitation upon the enforcement of any federal, State or local laws and ordinances. Executed written consent agreements are hereby deemed to be lawful orders of the Director, or the Director's designee. Each violation of any of the terms and conditions of an executed written consent agreement shall constitute a separate offense under this chapter by the person who executed the consent agreement, their respective officers, directors, agents, servants, employees and attorneys; and by those persons in active concert or participation with any of the foregoing persons and who receive actual notice of the consent agreement. Each day during any portion of which each such violation occurs constitutes a separate offense under this chapter. Decisions and actions of the Director or the Director's designee, pursuant to Section 24-7(15)(c) of this Code and written consent agreements executed thereunder, shall not be subject to review pursuant to Section 24-11 of the Code of Miami-Dade County, Florida.

(16)

In the event a violation of this chapter creates a health hazard or threatens serious damage to the public health, aquatic life or property, or creates a nuisance as herein defined, the Director or the Director's designee shall have the power and authority to order immediate cessation of the operations causing such conditions. Any person receiving such an emergency order for cessation of operation shall immediately comply with the requirements thereof. It shall be unlawful for any person to fail or refuse to comply with an emergency order issued and served under the provisions of this section. Any person who is convicted of willfully failing or refusing to comply with such an emergency order shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than sixty (60) days, or both, in the discretion of the appropriate court. Each day during which the willful failure or refusal to comply with such an emergency order continues shall constitute a separate offense.

(17)

In addition to and not limited by any other provision or remedy of this chapter, the Director shall have the power and authority to order a moratorium on the issuance of building permits by any County or municipal agency should it be determined:

(a)

That violations of this chapter have occurred or may be reasonably anticipated to occur, or that the physical limitations of the public or private water or sewage system have or will be met so as to endanger or threaten the public health, aquatic life or property or creates a nuisance; and

(b)

That such a situation can reasonably be anticipated to deteriorate by the issuance of additional building permits that require added or new demands being made on the water or sewage system involved.

(18)

Perform such other administrative duties as may be assigned by the County Manager.

(19)

To appoint with the approval of the County Manager, deputies who are hereby empowered to perform the duties of the Director, as provided by this chapter, subject to the Director's control.

(20)

Where necessary the Director and duly authorized deputies of the Director are hereby empowered to seek all search warrants reasonable and necessary to carry out their powers and duties as established by this chapter, in accordance with the requirements of the Constitutions of the United States and the State of Florida, the Laws of Florida, and in accordance with the procedures established by the Code of Miami-Dade County, Florida.

(21)

The powers and duties enumerated in this section shall be in addition to and not a limitation of any other power or duty specifically granted to the Director by any other provision of this chapter.

(22)

Whenever this chapter specifies the need for approval, a determination, permits, review or the promulgation of standards or criteria by an undisclosed entity, said approval, review, permitting, or promulgation shall be the duty and responsibility of the Director, unless otherwise specifically provided, subject to the manner and mode of review set in Section 24-11 of the Code. Said approvals, determinations, decisions to permit, and the promulgation of standards and criteria shall be based upon generally accepted concepts and standards of the particular professional discipline concerned.

(23)

The Board of County Commissioners hereby authorizes the establishment of Countywide water control, coastal engineering and wetlands management programs, and vests in the Director the administration of said programs. A plat showing existing and proposed water-control facilities and their general locations is hereby adopted and made a part of this chapter, said plat being identified as amended plat of Miami-Dade County Water Control Plan recorded in August, 1972, in plat book 94, page 4. The amended water control plan may be further revised at any time by resolution of the Board of County Commissioners. Authority for administering said program includes, but is not limited to, the power to:

(a)

Establish, adopt, and implement water control, coastal engineering and wetlands management programs, as may be necessary or appropriate for prevention and control of floods, drainage, water conservation, prevention of saltwater encroachment, protection against pollution, safeguard of water supplies, protection of beaches, shorelines, and wetlands areas and the best use of all the water, shoreline and wetland resources of Miami-Dade County.

(b)

Administer the processing of property right exchanges and advise the Board of County Commissioners on the acquisition by gift, donation, dedication, purchase, condemnation or otherwise of such lands as may be necessary for aforesaid purposes of water control, beach and wetlands management, all acquisitions to be in accord with such State and local laws as may be applicable.

(c)

Defray costs and expenses of said water control, coastal engineering and wetlands management programs, including, but not limited to, the costs of engineering, construction, operation, maintenance, lands, rights-of-way, alterations, cooperation with other agencies and authorities, all as authorized herein, subject to County budgetary procedures and limitations.

(d)

Determine, establish, and regulate water levels in all parts of Miami-Dade County, including, but not limited to, levels of bays, streams, canals, ditches, lakes, borrow ditches, and the underground water table, by dams with or without locks or boat lifts, by gates, levees, or other facilities; providing, however, that said authority and powers are not to encroach upon, be inconsistent with, and are in conjunction with the statutes, rules and regulations of appropriate State and federal agencies as they exist now and in the future.

(e)

Administer programs for the preservation of beaches and shorelines, including cooperative federal, State, and local programs and projects; establish standards and permitting procedures for the control of excavation in water areas, dredging and filling and performing work in all saltwater and wetland areas.

(f)

Cooperate with appropriate federal, State, municipal and other local agencies. Any action(s) taken by the Department shall be taken only after the affected municipality(ies) has been notified of the proposed action(s).

(g)

Make and adopt reasonable rules and regulations, subject to approval of the Board of County Commissioners by ordinance, for the administration of said water control, coastal engineering and wetlands management programs, all such rules and regulations (within declared policies, powers, and authorities granted by the Board of County Commissioners) having the force and effect of law and being enforceable under Section 24-29 of this Code.

(h)

Require permits and set permit fees for connecting any private or public drain, ditch, canal, storm sewer, outfall, inlet, intake, outlet or irrigation pipe with, into, through, or across any ditch, canal, waterway, culvert or other water-control facility under the jurisdiction of Miami-Dade County.

(i)

Require permits and set permit fees for any type of public or private crossing over, under or within any ditch, canal, waterway, culvert or other such facility under the jurisdiction of Miami-Dade County, including, but not limited to, bridges, footbridges, culverts, earthfills, pipelines and other obstructions of any kind, such as fences, barricades, dams, and the like.

(j)

Require permits and set permit fees for excavating, filling and performing work in coastal areas and wetland areas of Miami-Dade County, including, but not limited to, beach and shoreline alteration, beach nourishment, and construction, installation, alteration or repairs of marinas, docks, piers, seawalls, fixed structures, or floating structures, and construction of roads, fill pads, rockplowing and rockmining within the incorporated or unincorporated areas of Miami-Dade County.

(k)

Provide for permits and fees for accomplishing, through contractors, land developers and others, the excavation of ditches, canals, and installation of water-control facilities, within the general limits of said programs of water control, coastal engineering and wetlands management.

(l)

Limit and control excavation or filling of wetlands, channels, ditches, canals, or lakes in wetlands by individuals, firms, corporations, miners, partnerships, joint ventures, estates, trusts, syndicates, fiduciaries, and all other associations and combinations whether public or private, including governmental agencies, to the extent necessary for the prevention of pollution or further saltwater encroachment and for the protection of water recharge areas and wetland and tidal habitats in Miami-Dade County.

(24)

To require and issue Florida Department of Environmental Protection and South Florida Water Management District permits as provided by law.

(25)

Require that a comprehensive environmental impact statement be submitted for any work or activity requiring a permit or permits issued by the Department or for any work or activity defined as a nuisance in Chapter 24 of the Code of Miami-Dade County, Florida, if, in the opinion of the Director, the work or activity may result in adverse environmental impact. The Director shall only require a comprehensive environmental impact statement if a comprehensive environmental impact statement, as defined in this chapter, has not already been submitted as part of a federal, State or regional permit application.

(26)

Order testing by any person who is or may be responsible for a violation of this chapter, or who installs, modifies, repairs, expands, replaces or operates any facility under the provisions of this chapter. The design and nature of such testing shall be approved by the Department prior to implementation of testing. Said testing shall be accomplished and the results thereof submitted to the Department for review no later than such time as determined by the Department.

(27)

When a violation of this chapter has occurred or continues to exist or when there may be an imminent endangerment to the public health or welfare or the environment because of a threatened release or discharge of a hazardous material, the Director or the Director's designee may:

(a)

Take action necessary to prevent such violation, and

(b)

Restore the air, water, and property, including but not limited to animal, plant, and aquatic life affected by said violation.

This provision shall not be construed to provide a defense to or otherwise relieve or limit the liability or responsibility of any person violating the provisions of this chapter. Furthermore, the Director may institute suit in a court of competent jurisdiction to recover the sums expended by the County for the investigation and the aforesaid restoration and prevention from the persons responsible. All sums received by the Director pursuant to this provision shall be deposited by the Director into the fund from which said sums were expended.

(28)

The Board of County Commissioners hereby authorizes the establishment of a Countywide Tree and Forest Resources Program, and vests in the Director the administration of said program. Authority for administering said program includes, but is not limited to, the power to:

(a)

Make and adopt reasonable rules and regulations subject to approval of the Board of County Commissioners by ordinance for the administration of said Tree and Forest Resources Program, all such rules and regulations (within declared policies, powers, and authorities granted by the Miami-Dade County Board of County Commissioners) having the force and effect of law and being enforceable under Section 24-29 with penalties and liabilities set forth under Sections 24-30 and 24-31 of this Code.

(b)

Require permits under the provisions of Section 24-49, and set permit fees for the removal of trees, and understory where applicable, in unincorporated areas of Miami-Dade County and municipalities in which this chapter is enforced by the Department.

(c)

Limit and control the removal of trees and understory in unincorporated areas of Miami-Dade County and municipalities in which Ordinance Number 89-8 is enforced by the Department under the provisions of Section 24-49 in order to preserve as many native trees and their understory and desirable non-native trees as possible.

(d)

If the provisions of Section 24-49 or the provisions of a tree ordinance passed by a municipality are not adequately enforced by a municipality, or if the municipal ordinance does not meet the minimum standards of Ordinance Number 89-8, and it is the Department's intent to administer Section 24-49 in said municipality, then the Director shall notify the municipality by certified letter of the Department's intent and, following the municipality's receipt of the letter, the Department shall enforce Ordinance Number 89-8 within the municipality.

(e)

Require preparation and implementation of management plans for natural forest communities presently owned or managed by Miami-Dade County or those which are acquired by Miami-Dade County in the future. All said management plans shall be submitted to the Department for approval within two (2) years of the effective date of Ordinance Number 89-8 or within one (1) year after acquisition.

(f)

Review the existing Miami-Dade County Natural Forest Community Maps and make recommendations to the Board of County Commissioners concerning the addition to or deletion of specific sites from said maps. Modify the boundaries of existing natural forest communities, as indicated on the aforementioned maps, when it is determined that the approved boundaries no longer accurately reflect the boundaries of a natural forest community as defined herein.

(29)

Enlist or encourage cooperation by the general public and public utilities owning or operating public water systems to implement voluntary water conservation measures for prevention of contamination of the Northwest Wellfield.

(30)

Order public utilities owning or operating public water systems to reduce public water system pressure for the purpose of conserving water to prevent contamination of the Northwest Wellfield.

(31)

Impose mandatory water conservation restrictions in the unincorporated and incorporated areas of Miami-Dade County to prevent contamination of the Northwest Wellfield.

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