Sec. 365.102. - Definitions.
(a) Board means the Jacksonville Environmental Protection Board.
(b) CFR means Code of Federal Regulation.
(c) Corrective Action Rule means proposed Corrective Action for Solid Waste Management Units at Hazardous Waste Management Facilities.
(d) DEP means Florida Department of Environmental Protection.
(e) Department means the Neighborhoods Department.
(f) Dielectric material means a material that does not conduct direct electrical current.
(g) Director means the Director of the Department.
(h) FAC means Florida Administrative Code.
(i) Facility means:
(1) Building, structure, installation, equipment, pipe or pipeline (including a pipe into a sewer, or publicly-owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock or aircraft; or
(2) Site or area where a hazardous regulated substance or pollutant or contaminant, has been deposited, stored, disposed of, placed, or otherwise come to be located, but does not include a consumer product in consumer use or a vessel.
(j) Hazardous regulated substance means:
(1) Hazardous material as defined in 49 CFR 172;
(2) Any hazardous chemical, toxic chemical or extremely hazardous substance as defined in Chapter 327 of Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (42 USC 11001 et seq.);
(3) Hazardous substances as defined in 40 CFR 302.4;
(4) A substance designated pursuant to 33 U.S.C. 1321(b)(2)(A);
(5) An element, compound, mixture, solution or substance designated pursuant to 42 U.S.C. 9602;
(6) A hazardous waste having the characteristics identified under, or listed pursuant to, 42 U.S.C. 6921 (but not including any waste, the regulation of which under the Solid Waste Disposal Act (42 U.S.C. 6901, et seq.) has been suspended by Act of Congress);
(7) Toxic pollutant listed under 33 U.S.C. 1317;
(8) A hazardous air pollutant listed under 42 U.S.C. 7412;
(9) An imminently hazardous chemical material or mixture with respect to which the Administrator of the Environmental Protection Agency (EPA) has taken action pursuant to 15 U.S.C. 2606.
(10) Hazardous waste as defined below;
(11) Petroleum, as defined in this Chapter 365, Ordinance Code;
(12) Petroleum products, as defined in this Chapter 365, Ordinance Code; or
(13) Polychlorinated biphenyl (PCB) including monochlorinated biphenyl.
(k) Hazardous waste means hazardous waste as defined by 40 CFR 260.10, 261.3, but including and not to exclude the exclusion referenced in 40 CFR 261.2(a)(2)(ii), and Section 403.703(13), F.S.
(l) Hazardous waste transfer facility means any transportation related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation. A hazardous waste transfer facility does not include a facility at which all of the hazardous waste which is temporarily stored was generated onsite.
(m) Household Hazardous Waste Program (HHWP) means the activities of the Solid Waste Division of the Department of Public Works in the collection, processing and disposal of chemicals or other pollutant or hazardous regulated substances collected from residential or conditionally exempt sources.
(n) JEMP means Jacksonville Emergency Management Plan. The use of an SPCC Plan or any other plan approved by the EPA will be an acceptable substitute.
(o) Oil means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.
(p) Ordinance Code means the Ordinance Code of the City of Jacksonville.
(q) Person has the meaning given to it in Section 1.102(ll), Ordinance Code, and in addition includes any officer, employee, agent, department or instrumentality of the federal government, and State, municipality, or political subdivision of the State, or of any foreign government.
(r) Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, (except viruses or fungi on or in living man or other animals which the Department of Agriculture and Consumer Services shall declare to be a pest), and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
(s) Petroleum means (a) Oil, including crude petroleum oil and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary methods and which are not the result of condensation of gas after it leaves the reservoir; and (b) All natural gas, including casinghead gas, and all other hydrocarbons not defined as oil in subparagraph (a), preceding.
(t) Petroleum product means any liquid fuel commodity made from petroleum, including, but not limited to, all forms of fuel known or sold as diesel fuel, kerosene, all forms of fuel known or sold as gasoline, and fuels containing a mixture of gasoline and other products, excluding liquefied petroleum gas and American Society for Testing and Materials (ASTM) grades no. 5 and no. 6 residual oils, bunker C residual oils, intermediate fuel oils (IFO) used for marine bunkering with a viscosity of 30 and higher, asphalt oils, and petrochemical feedstocks.
(u) Pollutant means something that pollutes with respect to "pollution" definition.
(v) Pollution is the presence in the outdoor atmosphere, soils or waters of Duval County of a substance, contaminant, or manmade or induced alteration of the chemical, physical, biological, or radiological integrity of the air, soils, or waters in quantities or levels which are, or may be, potentially harmful or injurious to human health or welfare, animal, plant or aquatic life or property, including outdoor recreation.
(w) Release means a spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, but excludes:
(1) A release which results in exposure to persons solely within a workplace;
(2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or a pipeline pumping station engine;
(3) Release of source, byproduct or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), if the release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under 42 U.S.C. 2210 or a release of source, byproduct or special nuclear material from a processing site designated under 42 U.S.C. 7912(a)(1) or 7942(a);
(4) The normal application of fertilizer or pesticide;
(5) Any release which is specifically authorized pursuant to a State or Federal permit; and
(6) Any other release which is exempt from reporting requirements established under 42 U.S.C. 9603(a).
(x) Remedy or remedial action means those actions consistent with a permanent remedy taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous regulated substance, pollutant or contaminant into the environment, to prevent or minimize the release of hazardous regulated substances, pollutants or contaminants so that they do not migrate to cause substantial danger to present or future public health or welfare or the environment.
(1) Remedy or remedial action includes:
(i) Actions at the location of the release such as:
(A) Storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, clean-up of released hazardous regulated substances, pollutants or contaminants, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration;
(B) Provision of alternative water supplies; and
(C) Monitoring reasonably required to assure that these actions protect the public health and welfare and the environment.
(ii) Permanent relocation of residents and businesses and community facilities where the Board determines that, alone or in combination with other measures:
(A) The relocation is more cost effective than the transportation, storage, treatment, destruction or secure disposition off-site of hazardous regulated substances, pollutants or contaminants;
(B) The relocation is environmentally preferable to the transportation, storage, treatment, destruction or secure disposition off-site of hazardous regulated substances, pollutants or contaminants; or
(C) The relocation may be otherwise necessary to protect the public health or welfare.
(2) Remedy or remedial action does not include off-site transportation of hazardous regulated substances, pollutants or contaminants or the storage, treatment, destruction or secure disposition off-site unless the Board determines that these actions:
(i) Are more cost-effective than other remedial actions; or
(ii) Are necessary to protect public health or welfare or the environment from a present or potential risk which may be created by further exposure to the continued presence of the substances or materials.
(y) Tables of Regulated Substances.
(1) The Board shall establish by rule a table of hazardous substances to identify the hazardous regulated substances that shall be regulated within Duval County, Florida, and establish requirements regarding such substances, including, but not limited to, their reportable quantities, collection, storage and disposal, in accordance with federal and State requirements.
(Ord. 2010-68-E, § 2; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)
