GENERAL PROVISIONS

Jacksonville Ordinance Code tit. X, ch. 362, pt. 1

in effect

Jacksonville Ordinance Code § 362.101 Legislative declaration; public policy.

Sec. 362.101. - Legislative declaration; public policy. The Council finds and declares that: (a) The pollution of the air and waters of this City constitutes a danger to public health and welfare, creates public nuisances, is harmful to plants and animals and may impair domestic, agricultural, industrial, recreational and other beneficial uses of the air and water. (b) It is the public policy of the City to achieve and maintain such levels of air and water quality as will protect human health and safety and, to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of the City and facilitate the enjoyment of the natural attractions of the City. (c) The prevention, abatement and control of the pollution of the air and waters of the City is affected with a public interest and the provisions of this Chapter are enacted in the exercise of the police power of the City for the purpose of protecting the health, peace, safety and general welfare of the people of the City. (d) Control, regulation and abatement of the activities which are causing or may cause pollution of the air and water resources in the City, which are or may be detrimental to human, animal or plant life or to property and which unreasonably interfere with the comfortable enjoyment of life or property should be administered to insure: (1) Conservation of natural resources. (2) A continued safe environment. (3) The purity of the air and waters. (4) The purity of domestic water supplies. (5) Protection and preservation of the public health, safety, welfare and economic well-being. (6) Continuing growth of the economy and industrial development. (e) Industry should be encouraged to install new machinery, equipment and facilities as technology in environmental matters advances, thereby improving the quality of the air and waters and benefiting the citizens of the City. (Ord. 84-674-684, § 2)

Jacksonville Ordinance Code § 362.102 Exercise of County powers; territorial application of Chapter.

Sec. 362.102. - Exercise of County powers; territorial application of Chapter. This Chapter is an exercise of the City's powers as a County under F.S. § 403.182 and under Section 3.01 of the Charter of the City. This Chapter shall apply throughout the General Services District. (Ord. 85-1295-690, § 2)

Jacksonville Ordinance Code § 362.103 Definitions.

Sec. 362.103. - Definitions. In this Chapter, or in rules adopted pursuant hereto, unless the context otherwise requires: (a) Board is the Environmental Protection Board. (b) Director means the Director of the Neighborhoods Department. (c) Contaminant is a substance which is harmful to plant, animal or human life. (d) Department is the Neighborhoods Department. (e) Effluent limitation means a restriction established by the Board on quantities, rates or concentrations of chemical, physical, biological or other constituents which are discharged from sources into waters of the City. (f) Installation is a structure, equipment, facility or appurtenance thereto, or operation which may emit air or water contaminants in quantities prohibited by the rules of the Board. (g) Plant is a unit operation, complex, area or multiple-unit operation that produces, processes or causes to be processed any materials, the processing of which can, or may, cause air or water pollution. (h) Pollution is the presence in the outdoor atmosphere or waters of the City of a substance, contaminant or man-made or -induced alteration of the chemical, physical, biological or radiological integrity of the air or waters in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal, plant or aquatic life or property, or unreasonably interfere with the enjoyment of life or property, including outdoor recreation. (i) Sewerage system means pipelines or conduits, pumping stations and force mains and other structures, devices, appurtenances and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal. (j) Source is any and all points of origin of a contaminant, whether privately- or publicly-owned or -operated. (k) Treatment works and disposal systems mean a plant or other works used for the purpose of treating, stabilizing or holding wastes. (l) Wastes means sewage, industrial wastes and other liquid, gaseous, solid, radioactive or other substances which may pollute or tend to pollute the waters within the City. (m) Waters include rivers, lakes, streams, springs, impoundments and other bodies of water, including fresh, brackish, saline, tidal, surface or underground. Waters owned entirely by one person other than the City are included only in regard to possible discharge on other property or waters. Underground waters include waters passing through pores of rock or soils or flowing through in channels, whether man-made or natural. (n) Person has the meaning given to it in Section 2.101(g), Ordinance Code of the City of Jacksonville and in addition includes any officer, employee, agent, department or instrumentality of the Federal Government, any state, municipality, or political subdivision of the State, or of any foreign government. (Ord. 84-674-684, § 2; Ord. 85-1295-690, § 2; Ord. 94-144-121, § 2; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

Jacksonville Ordinance Code § 362.104 General authority of Department and Board.

Sec. 362.104. - General authority of Department and Board. The Department, the Director and the Board shall have the power and the duty to control and prohibit pollution of the air and waters in the City in accordance with the law and rules adopted by the Board. For this purpose, the Board may: (a) Secure necessary scientific, technical, research, administrative and operational services by arrangement with other City agencies, by contract or otherwise. For this purpose, the Board may utilize general funds, grant funds or donated services. (b) Exercise general supervision of the administration and enforcement of the laws and rules pertaining to air and water pollution. (c) Adopt, modify and repeal rules to carry out the intent and purposes of this Chapter, subject to the limitations in Section 362.105. (d) Issue such orders as may be necessary to effectuate the control of air and water pollution and enforce them by administrative and judicial proceedings as provided in Chapter 360. (e) Establish ambient air quality and water quality standards for the City as a whole or for any part thereof. (f) Cause field studies to be made and samples to be taken out of the air and water periodically and in a logical geographic manner so as to determine the levels of air and water quality. (g) Determine the source of pollution whenever a study is made or a sample collected which proves to be not in compliance with the air or water quality standards established by rule of the Board. (h) Require persons engaged in operations which may result in pollution to file reports which may contain information relating to locations, size of outlet, height of outlet, rate and period of emission, composition and concentration of contaminant and such other information as the Board shall prescribe to be filed relative to pollution. (i) Establish an operational fee system whereby a fee may be required for the operation, construction or expansion of an installation that may reasonably be expected to be a source of air or water pollution. (j) Consult with a person proposing to construct, install or otherwise acquire a pollution control device or system, concerning the efficacy of the device or system, or the pollution problem which may be related to the source, device or system. Nothing in such a consultation shall be construed to relieve a person from compliance with this Chapter, the rules of the Board or other provisions of law. (k) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this Chapter. (l) Collect and disseminate information and conduct educational and training programs relating to pollution. (m) Perform any other act necessary to control and prohibit air and water pollution. (Ord. 84-674-684, § 2; Ord. 85-1295-690, § 2)

Jacksonville Ordinance Code § 362.105 Limitations on rulemaking powers of Board.

Sec. 362.105. - Limitations on rulemaking powers of Board. Rules adopted pursuant to this Chapter shall be consistent with the provisions of federal and State law, rules and regulations. The rules shall not require dischargers of waste into waters of the City to improve natural background conditions. (Ord. 84-674-684, § 2; Ord. 85-1295-690, § 2)

Jacksonville Ordinance Code § 362.106 Chapter 360 applicable.

Sec. 362.106. - Chapter 360 applicable. The provisions of Chapter 360 shall be applicable to this Chapter, unless otherwise specifically provided in this Chapter. (Ord. 84-674-684, § 2; Ord. 85-1295-690, § 2)

Jacksonville Ordinance Code § 362.107 Variances.

Sec. 362.107. - Variances. A variance to cause or create air or water pollution which would otherwise be in violation of this Chapter may be granted as provided in Section 360.111. (Ord. 84-674-684, § 2; Ord. 85-1295-690, §§ 1, 2)

Jacksonville Ordinance Code § 362.108 Appeals.

Sec. 362.108. - Appeals. Appeals shall be heard as provided in Part 4, Chapter 360. (Ord. 84-674-684, § 2; Ord. 85-1295-690, § 2)

Jacksonville Ordinance Code § 362.109 Violations and penalties.

Sec. 362.109. - Violations and penalties. (a) A person who, knowingly and wilfully or by culpable negligence: (1) When taking a measurement required by the rules of the Board, falsifies the record or tampers with the measuring equipment so as to produce false measurements, or procures or acquiesces in this falsification or tampering; or (2) Files a report required by the Board pursuant to the authority of Section 362.104(h) that contains false or misleading information, or procures or acquiesces in this falsification; or (3) Violates a rule, regulation, order or compliance plan of the Board with respect to air or water pollution; shall be guilty of a class D offense. (b) Each day during any portion of which such violation occurs constitutes a separate offense. (Ord. 84-674-684, § 2; Ord. 85-1295-690, § 2; Ord. 88-117-123, § 13)

Jacksonville Ordinance Code § 362.110 Civil penalties.

Sec. 362.110. - Civil penalties. The following civil penalties may be assessed by administrative or judicial process: (a) A person who: (1) Makes or continues or causes to be made or continued air or water pollution in violation of the limits and standards established by the rules of the Board; (2) Being subject to an order of the Board issued pursuant to Section 362.104(d), violates a term or condition of the order or directs, encourages or permits his agent, servant or employee to do so; (3) Being the agent, servant or employee of a person subject to an order of the Board issued pursuant to Section 362.104(d), violates a term or condition of the order, whether or not at the instance or with the approval of the subject person; (4) Being required by the Board to file a report pursuant to Section 362.104(h), fails or refuses to do so; (5) When taking a measurement required by the rules of the Board, falsifies the recorded measurement or tampers with the measuring equipment so as to produce false measurements, or procures or acquiesces in this falsification or tampering; or (6) Violates a condition of a variance granted by the Board under Section 362.107; May be administratively or judicially assessed a civil penalty of up to $10,000 for each violation. (b) An applicant for a permit or variance under this Chapter and an officer, director, partner, agent or attorney of an applicant who knowingly makes a false statement or provides false information on a document or paper accompanying and forming a part of the application shall be administratively or judicially assessed a civil penalty of up to $1,000 for each false statement or false item of information. (c) 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. (d) For violations that are of a continuing nature, each day that the violation continues shall be a separate offense subject to penalty. (Ord. 84-674-684, § 2; Ord. 85-1295-690, §§ 1, 2; Ord. 88-117-123, § 14; Ord. 89-1235-597, § 1)

Jacksonville Ordinance Code § 362.111 Assessment and recovery of civil penalty.

Sec. 362.111. - Assessment and recovery of civil penalty. Civil penalties shall be assessed by the administrative process in Chapter 360 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 and the financial ability of the violator to respond. 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. (Ord. 84-674-684, § 2; Ord. 85-1295-690, § 2; Ord. 88-117-123, § 15)

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_CH362AIWAPO_PT1GEPRFetched: 10/27/2026