ADMINISTRATION OF PROGRAM

Jacksonville Ordinance Code tit. X, ch. 366, pt. 2

in effect

Jacksonville Ordinance Code § 366.201 General authority of the Department and Board.

Sec. 366.201. - General authority of the Department and Board. (a) The Director shall be responsible for the administration of this Chapter and the rules promulgated by the Board pursuant to this Chapter and shall make regular reports to the Board. (b) Subject to F.S. § 373.217, the Board shall have general authority over the execution and enforcement of this Chapter and shall hear and determine appeals from the orders and actions of the Director. The Board shall make all necessary rules and regulations for the implementation and administration of this Chapter. For this purpose, the Board will: (1) Secure necessary, scientific, and technical research assistance from the SJRWMD made available pursuant to F.S. § 373.0391, and, from other federal, State, and local agencies and private entities by contract or otherwise. For this purpose, the Board may utilize appropriated general funds, grant funds or donated services; (2) Pursuant to Section 366.102, exercise general supervision of the administration and enforcement of the program established hereunder, except that any person required to have a well construction permit issued by the State or SJRWMD shall not be required to have a local permit pursuant to this Chapter; (3) Adopt, modify and repeal rules to carry out the intent and purposes as set forth in Sections 366.101 and 366.102, of this Chapter, subject to the limitations in Chapter 360; (4) Issue such orders as may be necessary to effectuate its rules and enforce such orders by administrative and judicial proceedings as provided in this Chapter; (5) Conduct field studies of and collect samples of the groundwater periodically and in a logical geographic manner so as to protect groundwater resources within the City. Field studies, however, should not duplicate relevant, current, publicly available information; (6) Have the authority to require, by rule, persons engaged in operations other than water use which may reasonably be expected to result in groundwater pollution or violation of this Chapter or of Board rules, to file reports which contain information relating to location, water quality, and the discharge, composition and concentration of contaminants; (7) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this Chapter; (8) Collect and disseminate information, conduct educational and training programs relating to pollution; (9) Perform other functions necessary for groundwater resource management pursuant to Section 366.102. (Ord. 2008-346-E, § 2)

Jacksonville Ordinance Code § 366.202 Chapter 360 applicable.

Sec. 366.202. - Chapter 360 applicable. The provisions of Chapter 360 shall be applicable to this Chapter, unless otherwise specifically provided in this Chapter. (Ord. 2008-346-E, § 2)

Jacksonville Ordinance Code § 366.203 Variances.

Sec. 366.203. - Variances. A variance from this Chapter or to the rules of the Board may be granted as provided in Section 360.111, or as otherwise provided in this Chapter. (Ord. 2008-346-E, § 2)

Jacksonville Ordinance Code § 366.204 Appeals.

Sec. 366.204. - Appeals. Appeals shall be heard as provided in Part 4, Chapter 360. (Ord. 2008-346-E, § 2)

Jacksonville Ordinance Code § 366.205 Violations.

Sec. 366.205. - Violations. A person who knowingly and willfully: (a) When taking a measurement required by the rules of the Board, falsifies the recorded measurements, or tampers with the measuring equipment so as to produce false measurements, or procures or acquiesces in this falsification or tampering; or (b) Files a report or permit application required by Section 366.302 or by the Board pursuant to the authority of Section 366.201(b)6, or files a variance request that contains false or misleading information, proceeds or acquiesces in the falsification; or (c) violates a water shortage order or a water shortage emergency order issued by the SJRWMD; shall be guilty of a class D offense against the City. (Ord. 2008-346-E, § 2)

Jacksonville Ordinance Code § 366.206 Civil penalties.

Sec. 366.206. - Civil penalties. (a) Except as provided in this Chapter, a person who: (1) Makes or continues or causes to be made or continued, actions or pollution or well construction in violation of this Chapter or the rules of the Board; or (2) Being subject to an order of the Board issued pursuant to Section 366.201(b)4, violates a term or condition of the order, or directs, encourages or permits his agent or employee to do so; or (3) Being the agent or employee of a person subject to an order of the Board issued pursuant to Section 366.201(b)4, knowingly violates a term or condition of the order, whether or not at the insistence or with the approval of the subject person; or (4) Violates a condition of a variance granted by the Board under Section 366.204; or (5) Being required by the Board to file a report pursuant to Section 366.201(b)6, fails or refuses to do so; or (6) Violates a permit, consent agreement, Board order, Board rules, or other requirements in this Chapter not covered elsewhere in this Section; may be assessed a civil penalty of up to $10,000 for each violation. (b) A person who aids or participates in a violation for which a civil penalty may be assessed under this Chapter shall be considered a principal in the violation and may be assessed a civil penalty of up to the maximum amount prescribed for that violation. (c) For violations that are of continuing nature, each day that the violation continues shall be a separate offense subject to penalty. (d) For violations described in the Florida Department of Environmental Protection's Uniform Citations Dictionary for Water Well Construction (October 2002), the monetary penalties shall be as provided therein, and the offense shall be reported to SJRWMD for the assessment of points against a contractor's license or other appropriate penalty. (Ord. 2008-346-E, § 2)

Jacksonville Ordinance Code § 366.207 Assessment and recovery of civil penalty.

Sec. 366.207. - Assessment and recovery of civil penalty. As specified in Section 366.209, civil penalties shall be assessed by the Board, or in the alternative, by judicial process in a civil action filed in the name of the City, in a court of competent jurisdiction, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the violator and the history of previous violations. A civil penalty assessed and owed under this Chapter shall be paid to the Tax Collector for deposit into the Environmental Protection Fund, established by Section 360.601. An administratively assessed civil penalty under this Section may be recovered in a civil action in the name of the City. The City shall be entitled to reasonable attorneys' fees and costs, including appellate fees and costs, in an action where the City is successful in obtaining affirmative relief. (Ord. 2008-346-E, § 2)

Jacksonville Ordinance Code § 366.208 Ticketing authority.

Sec. 366.208. - Ticketing authority. In addition to the enforcement provisions of Section 366.205, Section 366.206 and Section 366.207, the Director is authorized to issue tickets for the following violations of this Chapter: (a) Violations of any SJRWMD-declared water shortage order or SJRWMD-declared water shortage emergency order pursuant to F.A.C. 40C-21.421, F.A.C.; (b) Violations of any provision of this Chapter; (c) Leaving a wellhead in an unsafe condition such as to endanger the public; and, (d) Completing or modifying a wellhead construction configuration in violation of rules of the Board. Violations of this Section are subject to the following penalties: First violation | Written warning Second violation | $50 ticket Subsequent violations | $250 ticket Each day upon which a violation occurs shall be considered a separate offense. No violator shall be granted more than one warning. Civil penalties imposed under this Section shall be payable to the Tax Collector immediately within seven days after imposition. Moneys received by the City, pursuant to this Part shall be deposited in the Environmental Protection Fund. An unpaid but owing fine may be collected in a civil action in the name of the City. (Ord. 2008-346-E, § 2; Ord. 2008-28-E, § 1; Ord. 2009-360-E, § 1)

Jacksonville Ordinance Code § 366.209 Collection of civil penalties; civil actions; service of citation; form of citation.

Sec. 366.209. - Collection of civil penalties; civil actions; service of citation; form of citation. Collection of civil penalties for ticketable offenses, service of citation and form of citation shall be in conformance with Section 360.702, Section 360.703 and Section 360.704, respectively. (Ord. 2008-346-E, § 2)

Jacksonville Ordinance Code § 366.210 Other relief.

Sec. 366.210. - Other relief. In addition to remedies provided elsewhere in this Chapter, the Board, through the Office of General Counsel, may seek injunctive or other appropriate relief in the appropriate court to enforce the provisions of this Part, any rules or regulations adopted by the Board pursuant thereto, any part of the formal priority system or listing, or any order of the Board entered in accordance with this Chapter. (Ord. 2008-346-E, § 2)

Jacksonville Ordinance Code § 366.211 Entry on property.

Sec. 366.211. - Entry on property. The provisions of Section 360.109 are applicable as authorization for the Director or his duly authorized representative to enter on property for the purposes of investigating to ascertain compliance with this Chapter and with the rules of the Board promulgated pursuant to this Chapter. (Ord. 2008-346-E, § 2)

Jacksonville Ordinance Code § 366.212 Certain information to be confidential.

Sec. 366.212. - Certain information to be confidential. Any information relating to secret processes, methods of manufacture or production which may be outlined or discovered by the Director, the Board or any employee thereof shall be subject to the provisions of Section 360.110. (Ord. 2008-346-E, § 2)

Jacksonville Ordinance Code § 366.213 Updating of agencies and standards.

Sec. 366.213. - Updating of agencies and standards. Reference to the State Department of Environmental Protection, and other State or local agencies referred to in this Chapter shall automatically mean reference to any successor agency of State or local government. Periodically, the Board shall adopt any revisions or amendments to such standards in the rules of the Board. (Ord. 2008-346-E, § 2)

Jacksonville Ordinance Code § 366.214 Compliance plans; compliance agreements.

Sec. 366.214. - Compliance plans; compliance agreements. A person found by the Director or by the Board to be in violation of this Chapter or of the rules of the Board, and who is unable to come into compliance, shall prepare and submit to the Board within a reasonable time fixed by the Board a compliance plan in accordance with procedures specified in Part 3 of Chapter 360. (Ord. 2008-346-E, § 2)

Jacksonville Ordinance Code § 366.215 Inspection by Director or authorized representative; notice; enforcement of compliance plans.

Sec. 366.215. - Inspection by Director or authorized representative; notice; enforcement of compliance plans. Inspections for the purpose of ascertaining compliance with a compliance plan shall be conducted in accordance with Section 360.306. (Ord. 2008-346-E, § 2)

Jacksonville Ordinance Code § 366.216 Technical Advisory Committee.

Sec. 366.216. - Technical Advisory Committee. The Board may establish a Technical Advisory Committee which will advise on groundwater resources, or which will have representatives from groundwater resource management agencies, affected contractors, utilities and engineering consultants. (Ord. 2008-346-E, § 2)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXENAF_CH366GRSUWAREMA_PT2ADPRFetched: 10/27/2026