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CHAPTER 24
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Miami - Dade County, Florida, Code of Ordinances » PART 111 - CODE OF ORDINANCES >> Chapter
24 - ENVIRONMENTAL PROTECTION, BISCAYNE BAY AND ENVIRONS DESIGNATED AQUATIC
PARK AND CONSERVATION AREA, THE BISCAYNE BAY ENVIRONMENTAL ENHANCEMENT TRUST
FUND, AND THE ENVIRONMENTALLY ENDANGERED .LANDS PROGRAM » ARTICLE 1. - IN
GENERAL » DIVISION 1. - GENERAL PROVISIONS »
DIVISION 1. - GENERAL PROVISIONS
Sec. 24-1. - Short title.
Sec. 24-2. - Declaration of lec islative,intent.
Sec. 24-3. - Rules and regulations.
Sec. 24-4. - Application of chapter and time for compliance.
Sec. 24-5. - Definitions.
Sec. 24-6. - Director of the Miami -Dade County Department of Environmental Resources Management —Office
created; appointment; term; exempt from classified service and merit system; compensation• assistants;
operating procedures.
Sec. 24-7. - Same —Duties and powers.
Sec. 24-8. - Environmental Quality Control Board.
Sec. 24-9. - Contempt powers.
Sec. 24-10. - Issuance of stop orders; injunctions; standards of service.
Sec. 24-11. - Appeals from actions or decision of the Director of the Miami -Dade County Department of
Environmental Resources Management.
Sec. 24-12. - Variances and extensions of time for compliance.
Sec. 24-13. - Procedure governing variances and extensions of time.
Sec. 24-14. - Statements of approved water or sewer service; Emergency water and/or sewer rate requests.
Sec. 24-15. - Plan approval required.
Sec. 24-15.1. - Procedure for approval of plans.
Sec. 24-15.2. - Registered engineer required.
Sec. 24-15.3. - Standards for preparation of dons.
Sed. 24-15.4. - Technical Reports/Professional Engineer/Professional Geologist required.
Sec. 24-16. - Construction of waste water fadility.or air pollution abatement facility, orpotable water facility.
Sec. 24-17. - Certificate of occupancy.
Sec. 24-18. - Operating permits.
Sec. 24-19. - Operation of facility; competent supervision.
Sec. 24-20. - Abnormal occurrences.
Sec. 24-21. - Operating records.
Sec. 24-22 - Circumvention unlawful.
Sec. 24-23. - Information concerning processes shall be confidential.
Sec. 24-24. - Waiver of performance bonds.
Sec. 24-1.- Short title.
This chapter enacted under and pursuant to the provisions of the Home Rule Charter of Government for
Miami -Dade County, Florida, shall be known and may be cited as the "Miami -Dade County Environmental
Protection Ordinance."
(Ord. No. 04-214, §§ 1, 5, 12-2-04)
Sec. 24-2.- Declaration of legislative intent.
The Board finds and determines that the reasonable control and regulation of activities which are
causing or may cause pollution or contamination of air, water, soil and property is required for the protection
and preservation of the public health, safety and welfare. It is the intent and purpose of this chapter to provide
and maintain for the citizens and visitors of Miami -Dade County standards which will insure the purity of all
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waters consistent with public health and public enjoyment thereof, the propagation and protection of wildlife,
birds, game, fish and other aquatic life, and atmospheric purity and freedom of the air from contaminants of
synergistic agents injurious to human, plant or animal life, or property, or which unreasonably interfere with the
comfortable enjoyment of life or property, or the conduct of business. The Board finds it necessary. to establish,
within the unincorporated and incorporated areas of Miami -Dade County, Countywide water control, coastal
engineering, and coastal wetlands management programs for the purpose of maintaining adequate water
levels, flood control, drainage, water conservation, and prevention of saltwater intrusion; for preserving
beaches and shorelines; for managing coastal wetland resources; for acquisition of lands by gift, donation,
purchase, condemnation or otherwise, as necessary for such programs; and providing for cooperation with
federal, State and local agencies and authorities.
The Board further finds it necessary to maintain within Miami -Dade County a freshwater wetlands
management program for the purposes of providing adequate water levels, flood control, water conservation,
protection of water quality and recharge to the Biscayne Aquifer, and prevention of saltwater intrusion; for the
maintenance of the biological integrity of freshwater wetlands in Miami -Dade County; for the protection of the
interrelated natural functions between Miami -Dade County's wetlands and the natural systems in Everglades
National Park; for managing freshwater wetland resources in accordance with environmental standards and
management criteria as recommended by the Miami -Dade County Comprehensive Development Master Plan
and Chapter 33B of the Code of Miami -Dade County, Florida, as amended from time to time; and providing for
cooperation with federal, State, and local agencies and authorities,
The Board finds it necessary to establish for Miami -Dade County a Tree and Forest Resources Program
for the purpose of protecting, preserving and replacing tree canopy, preserving natural forest communities
including associated understory, providing protection for specimen -size trees and environmentally -sensitive
tree resources, conserving rare, endangered, threatened and endemic species, protecting historically -
significant tree resources, promoting the preservation of subtropical vegetation and unique or unusual species,
providing for wildlife habitat, maintaining the natural character of neighborhoods, preserving the natural
diversity of species, promoting environmentally -sound aesthetics, and providing for improved environmental
quality by recognizing the numerous beneficial effects of trees (including improvements to air quality,
maintenance of land areas essential to surface water management and aquifer recharge, reduction of heat and
noise pollution, water and energy conservation and provision of shade and physical and psychological benefits
to.the people of Miami -Dade County by enhancing urban development). This program shall be a minimum
standard and shall apply to both the incorporated and unincorporated areas, and in the unincorporated areas
shall beenforced by the Department of Environmental Resources Management, and in the incorporated areas
shall be enforced by the municipalities, unless the County is notified by a municipality, in the form of a letter
from an official of the municipality or by resolution, that the municipality desires the County to enforce the
Miami -Dade County Tree and Forest Program within the municipality. Any municipality may establish and
enforce its own ordinance provided such ordinance is equivalent to or more stringent than the provisions of
Ordinance Number 89-8.
The provisions of this chapter are not intended and shall not be construed as superseding or conflicting
with any statutory provisions relating to, or rules and regulations promulgated by, the Florida State Department
of Environmental Protection, but shall be construed as implementing and assisting the enforcement thereof. It
is not the intent of this Board to hereby preempt the authority of any municipality in the exercise of its authority
to Issue coastal construction permits or to restrict it from adopting more stringent standards, the purpose of this
chapter being to establish minimum standards for the issuance of coastal construction permits within all of
Miami -Dade County.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No..08-55, § 2, 5-6-08)
Sec. 24-3.- Rules and regulations.
The Board of County Commissioners shall adopt, revise, and amend from time to time appropriate rules
and regulations reasonably necessary for the implementation and effective enforcement, administration and
interpretation of the provisions of this chapter, and to provide for the effective and continuing control and
regulation of air and water pollution in this County within the framework of this chapter. No such rules and
regulations, including amendments thereto, shall be adopted or become effective until after a public hearing
has been held by the Board of County Commissioners pursuant to notice published at least ten (10) days prior
to the hearing. When adopted by the Board of County Commissioners and filed with the clerk, such rules and
regulations shall have force and effect of law.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)
Sec. 24-4.- Application of chapter and time for compliance.
(1) New facilities. On and after the effective date of this chapter, any person installing, constructing, or
placing in operation for the first time any facility, equipment or process, the use of which will or may
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cause, or reasonably tend to cause, any air or water pollution as defined and controlled by this chapter,
or who shall undertake the alterations, reconstruction or extension of existing facilities, equipment or
processes in such a substantial manner as to materially increase the level or amount of air or water
pollution, shall be subject to and required to comply with all the provisions of this chapter.
(2) Existing facilities. All facilities, equipment, plants and projects that are in actual use and operation on
the effective date of this chapter shall have until and including January 1, 1968, to fully comply with and
conform to the requirements of this chapter, provided that all existing facilities shall comply with, and
shall not commit violations of, the following provisions of this chapter after January 1, 1964, namely:
Section 24-5 (Nuisance); Section 24-42 (Toxic waste discharges); Section 24-41 (Black smoke
emissions); Section 24-41.4 (Open burning); and Section 24-41.9 (Reduction of animal matter).
(3) .Intent. It is intended that the provisions of this chapter shall be applicable to all new facilities and to any
major or substantial addition, enlargement or extension of existing facilities; that existing facilities shall
have until January 1, 1965, to comply with the specific sections of this chapter enumerated in
subsection (2) hereinabove; and that existing facilities shall have until January 1, 1968, to comply with
all other sections or provisions of this chapter (except those specifically designated in subsection (2)
hereof), subject only to variances or extensions of time for compliance granted pursuant to the
provisions of this chapter.
(4) Replacements. The replacement with identical or similar parts and minor changes that do not affect the
character of the waste discharge or emission of air contaminants, or do not materially increase the
existing amount of air or water pollution, shall not be considered as constituting the alteration,
reconstruction or extension of an existing facility, but shall be considered as constituting an existing
facility, for the purpose of this chapter.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)
Sec. 24-5.- Definitions.
In construing the provisions of this chapter, where the context will permit and no definition is provided
herein, the definitions provided in Chapter 403, Florida Statutes, as may be amended from time to time, and in
rules and regulations promulgated thereunder, as may be amended from time to time, shall apply. The
following words and phrases when used in this chapter shall have the meanings ascribed to them in this
section:
1990 Urban Development Boundary shall mean the line established by the Miami -Dade County Board
of County Commissioners on July 8, 1983 by Ordinance 83-58 delineating the approved urban development
boundary for Miami -Dade County, as amended by ordinance from time to time.
Abandonment in place of an underground storage facility shall mean:
(1) Installation and sampling of the monitoring wells and soil borings required for the TCAR, and
(2) Emptying, inerting and cleaning the interior of the underground storage facility, and
(3) Filling the underground storage facility with a non -shrinking, inert and solid material approved by
the Department.
Aboveground storage facility shall mean a tank, pipe, vessel or other container, or any combination of
the foregoing, used or designed to be used for the aboveground storage or aboveground transmission of
hazardous materials including but not limited to line leak detectors, monitoring wells and secondary
containment systems associated therewith.
(1) Aboveground storage facilities have less than ten (10) percent of their total volume below the
surface of the. ground.
(2) Facilities with ten (10) percent or more of their volume below the ground surface and which are
contained within a vault or structure of sufficient size to allow human access and visual
inspection of all components thereof are hereby determined to be aboveground storage facilities,
Adequate protection by natural means shall mean one (1) or more of the following processes of nature
that produces water consistently meeting the requirements of the standards in this chapter: dilution, storage,
sedimentation, sunlight, aeration., and the associated physical and biological processes which tend to
accomplish natural purification in surface waters and, In the case of groundwaters, the natural purification of
water by infiltration through soil and percolation through underlying material and storage below the ground
water table, as may be approved by the Director.
Adequate protection by treatment shall mean complete or full treatment which is the combination of the
controlled processes of coagulation, sedimentation, absorption, filtration, disinfection, or other processes which
produce a water consistently meeting the potable water standards including processes which are appropriate
to the quality of the raw water supply; works which are of adequate capacity to meet maximum demands
without creating health hazards, and which are located, designed and constructed to eliminate or prevent
pollution; and conscientious operation by well trained and competent personnel whose qualifications are
commensurate with the responsibilities of the position and acceptable to the DERM.
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Adequate transmission capacity shall mean that each pump station receiving sewage flow from the
sewer service connection, the pump station immediately upstream from the pump station receiving sewage
flow from the sewer service connection, and all pump stations through which sewage flow from the sewer
service connection is transmitted to the wastewater treatment facility receiving such sewage flow, is operating
(A) with ,fixed -speed pumps at a nominal daily average pump station operating time equal to or less than ten
(10) hours per day, taking into account all existing sewage flow and loadings, including anticipated sewage
flow resulting from all previously authorized sewer service connections or (B) with multiple -speed pumps at a
nominal average power consumption that is equal to or less than forty-six (46) percent of the rated multiple -
speed pump station motor horsepower or the equivalent thereof as approved by the Director or the Director's
designee or (C) with variable -speed pumps at anominal average power consumption that is equal to or less
than a percentage of the rated variable -speed pump station motor horsepower as follows: (i) the percentage
for all of the variable frequency driven pumps In the pump station shall be forty-nine (49) percent; (ii) the
percentage for all of the magnetic -drive type variable speed pumps in the pump station shall be sixty-five (65)
percent; and (iii) the percentage for all of the electrolyte rheostat or resistor bank type of variable speed drive
pumps in the pump station shall be sixty-one (61) percent; or the equivalent of any of the foregoing, as
applicable, as approved by the Director or the Director's designee, or (D) in such a manner that, upon
completion of a rainfall -dependent peak flow management study approved by the Director or the Director's
designee, the pump station is capable of managing peak flows (during a one (1) in two-year storm event as
determined by the South Florida Water Management District) with a back-up pump out -of -service without
causing or contributing to overflows in the collection and transmission system.
Adequate treatment capacity shall mean that the wastewater treatment plant which will receive flow
from a sewer service connection shall not be in noncompliance as defined in 40 C.F.R. Part 123.45, Appendix
A.
Adequate water depth shall mean the vertical extent of the water column above submerged bottom
lands which is sufficient at all times to prevent any damage to the submerged bottom lands and to any natural
resources in or upon the submerged bottom lands.
Adverse environmental impact shall mean any change in the physical or biological conditions of the
natural environment within or adjacent to the area that results in a substantial detrimental effect upon flora,
fauna, air, water, minerals or other natural characteristic(s) of the area.
Affected tree shall mean any tree which shall be, or already has been, removed, relocated, or effectively
destroyed, thereby requiring a permit pursuant to Ordinance Number 89-8.
Agricultural operation shall mean the growing of crops, the raising of fowl, animals or bees, as a gainful
occupation, but shall not include such activities engaged in as a hobby or truck farming in residential areas.
Agricultural site alteration shall mean preparation of a site for commercial or noncommercial horticultural
or floricultural uses including, but not limited to: row crops, farms, groves, nurseries, horticultural farming, truck
farming, barns, sheds or other structures not habitable by human beings which are used for the storage of
farm machinery, fertilizer, seed or other items or equipment ancillary to an on -site agricultural use; and the
maintenance and raising of animals for commercial purposes.
Agricultural vehicle or agricultural equipment maintenance facility shall mean a facility which repairs or
maintains vehicles or equipment ancillary to and directly supportive of a bona fide agricultural purpose and
which vehicle or equipment are owned or operated by the owner or leasee of the agricultural vehicle or
agricultural equipment maintenance facility.
Air contaminants shall mean .a particulate, gas or odor, including, but not limited to, smoke, charred
paper, dust, soot, grime, carbon or any particulate matter, or irritating, malodorous or noxious acids, fumes or
gases, or any combination thereof, but shall not include uncombined water vapor.
Air pollution shall mean the presence in the outdoor atmosphere of one (1) or more air contaminants or
the combination thereof in such quantities and of such duration which are injurious to human, plant or animal
life, or property, or which unreasonably interfere with the comfortable enjoyment of life or property, or the
conduct of business.
Alter or altering a mangrove tree shall mean removing, poisoning, defoliating, or destroying a mangrove
tree, either partially or entirely.
Ambient (natural) temperature shall mean the existing temperature of the receiving water at a location
which is unaffected by man-made thermal discharges and a location which is also of a depth and exposure to
winds and currents which typify the most environmentally stable portions of the receiving bodies of water.
Annular space shall mean the space between two (2) casings or between the outer casing and the wall
of the well hole.
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Approved recycling or recovery equipment shall mean any device designed to recapture or reuse ozone
-depleting compounds which has •the written approval of the Director or the Director's designee.
Asbestos shall mean a fibrous, rock -forming material, including, but not limited to, such amphibole
varieties as tremilite, actinolite, anthophyllite, grunerite, richterite, edenite, amosite, crocilolite, and such
serpentine varieties as amianthus and chrysotile, as well as synthetic asbestos fibers, including, but not limited
to, fluor-tremilite, fluor-richterite, and fluor-edenite.
Association of primary and secondary wetland plant species shall mean an assemblage of primary and
secondary wetland species within a defined area. In order for said assemblage to be classified as an
association., it must be composed of at least twenty-five (25) percent primary wetland species.
Average day pumpage wellfield protection area shall mean the area within the cone of influence of a
public utility potable water supply well based upon average day pumpage.
Average shall mean the arithmetic average of the results of at least three (3) separate samples
collected within a referenced specific time period. At least one (1) of these samples shall be taken at peak flow
conditions, where applicable, and a minimum of twenty-five (25) percent of the referenced time period shall
serve as an interval between successive samples.
Back-up pump shall mean the highest capacity pump installed in a pump station.
Balanced system shall mean a gasoline or gasohol vapor recovery system that draws such vapor
through a nozzle boot to an underground storage'tank by means of the pressure differential created as the
volume of gasoline or gasohol in the underground storage tank is reduced and the volume of gasoline or
gasohol in the motor vehicle fuel tank is increased during motor vehicle refueling.
Basic wellfield protection area shall mean the area within two hundred ten (210) days travel time from a
public utility potable water supply well based upon maximum day pumpage.
Basin B shall mean those lands within the following geographical boundary:
Section 13, 14, and 24, Township 52 South., Range 39 East, less those portions thereof lying
southwesterly of the southwesterly right-of-way of Okeechobee Road, and
Sections 16, 17, 18 and 20, Township 52 South, Range 40 East, and
Section 19, Township 52 South, Range 40 East, less that portion thereof lying southwesterly of the
northeasterly right-of-way of the Miami Canal and northwesterly of the northwesterly right-of-way of the
Florida Turnpike, and
that portion of Section 21, Township 52 South, Range 40 East, lying westerly of the westerly right-of-
way of Interstate 1-75, and
Section 30, Township 52 South, Range 40 East, less that portion thereof Tying northwesterly of the
northwesterly right-of-way of the Florida Turnpike, and less those portions included within the right-of-
way of the Miami River, and
Section 31, Township 52 South, Range 40 East, and
Sections 6, 7, 8, 17., 18 and 19, Township 53 South, Range 40 East, and
Section 30, Township 53 South, Range 40 East, less the southeast one quarter thereof.
All lying in Miami -Dade County, Florida,
Bird Drive Everglades Wetland Basin shall mean the wetlands described below:
That portion of Section 3, Township 54 South, Range 39 East lying south of U.S. Highway 41 (Tamiami
Trail) and Tying west of S.W. 143 Avenue north of S.W. 9th Terrace and lying west of S.W. 144 Avenue
south of S.W. 9th Terrace; those portions of Sections 4, 5, and 6, Township 54 South, Range 39 East
lying south of U.S. Highway 41 (Tamiami Trail); that portion of Section 10, Township 54 South, Range
39 East lying west of S.W. 144 Avenue; that portion of Section 31, Township 54 South, Range 39 East,
lying north of S.W. 88th Street (North Kendall Drive); and Sections 7, 8, 9, 16, 17, 18, 19, 20, 29, 30,
and 32, Township 54 South, Range 39 East.
Blackwater shall mean that portion of domestic sewage not emanating from residential showers,
residential baths, residential bathroom washbasins, or residential clothes washing machines.
Boat docking facility shall mean a place where vessels may be secured to a fixed or floating structure or
to the shoreline.
Boat slip shall mean a berthing space for a vessel which has been created or authorized pursuant to a
permit or permits issued by the Department.
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Boat storagefacility shall mean a facility where recreational vessels are stored on uplands by one (1) or
more of the following methods:
(1) On boat trailers on a paved or unpaved surface; or
(2) On individual boat racks; or
(3) On multi -story boat racks.
Bona fide agricultural purposes shall mean good faith commercial or domestic agricultural use of the
land. In determining whether the use of the land for agricultural purposes is bona fide, the following factors as
set forth in Section 193.461, Florida Statutes (and as amended from time to time), though nonexclusive, shall
be taken Into consideration:
(1) The length of time the land has been so utilized;
(2) Whether the use has been continuous;
(3) The purchase price paid;
(4) Size, as it relates to specific agricultural use;
(5) Whether an indicated effort has been made to care sufficiently and adequately for the land in
accordance with accepted commercial agricultural practices, including, without limitation,
fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural practices;
(6) Whether such land is under lease and, if so, the effective date, length, terms and conditions of
the lease; and
(7) Such other factors as may from time to time become applicable.
Bona fide fruit grove shall mean a grove of fruit trees specifically planted to produce edible fruit for
commercial purposes or for personal consumption by the owner.
Botanical garden shall mean any publicly -owned real property used for the cultivation of plants for
display or scientific research.
C-9 Wetland Basin shall mean the wetlands within the following geographic boundaries:
Beginning at the intersection of U.S. Highway 27 (Okeechobee Road) and the south right-of-way of the
C-9 Canal; thence run easterly to the west right-of-way of Interstate Highway 75; thence run southerly to
the west right-of-way line of the Homestead Extension of Florida's Turnpike; thence run southwesterly
and southerly to the north right-of-way of U.S. Highway 27 (Okeechobee Road); thence run
northwesterly to the point of beginning.
Canopy coverage shall mean the areal extent of ground within the drip line of a tree.
Canopy shall mean those trees which constitute the tallest layer within a forest.
Casing shall mean the tubular material utilized to shut off or exclude a stratum or strata other than the
source bed and conduct water from only the source bed to the surface.
Clean fill shall mean material consisting of soil, rock, sand, earth, marl, clay., stone and/or concrete
rubble.
Closure shall mean cessation of operation of a County solid waste management system facility and the
act of securing such a facility, in accordance with applicable regulatory requirements, so that it will pose no
significant threat to human health or the environment. This includes closing, long term monitoring,
maintenance and financial responsibility.
Coastal band community shall mean a mangrove community which borders Biscayne Bay or one (1) of
the tributaries of Biscayne Bay and which receives frequent tidal inundation and whose dominant floral
constituent is mature Rhizophora mangle. The boundary of a coastal band community shall not be limited or
affected by artificial boundaries such as, but not limited to, property lines.
Coastal resources management line shall mean the landward extent of the areas where detrital cycles
contribute to the ecological productivity of coastal waters.
Coastal waters shall mean all waters in the State which are not classified as fresh waters.
Coliform group shall include all organisms considered in the coliform group as set forth in Standard
Methods for the Examination of Water and Waste Water, sixteenth edition.
Combustible refuse shall mean any combustible waste material containing carbon in a free or combined
state.
Combustion contaminants shall mean particulate matter discharged into the atmosphere from the
burning of any kind of material containing carbon in a free or combined state.
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Commercial boat docking facility shall mean a boat docking facility which has boat slips, moorings, davit
spaces, or vessel tieup spaces of which more than fifty (50) percent are designated for or contain commercial
vessels.
Commercial vessel shall mean any vessel engaged in any activity wherein a consideration is paid by
the user either directly or indirectly to the owner, operator or custodian of the vessel; or any vessel engaged in
the taking of saltwater fish or saltwater products for sale either to the consumer, retail dealer or wholesale
dealer.
Community water system shall mean a public water system which serves at least fifteen (15) service
connections used by year-round residents or which regularly serves at least twenty-five (25) year-round
residents.
Comprehensive environmental impact statement ("CEIS") shall mean a detailed report, based upon
current data obtainable at the time of permit application submittal, which describes the proposed work and its
purposes and which addresses one (1) or more of the following assessment points so as to permit assessment
of the probable environmental impacts, benefits and detriments of the proposed work:
(1)
An analysis of the probable impact of the proposed work in the wetland environment, including
impact on ecological systems such as floral, faunal, marine and freshwater communities. Both
direct and indirect potential adverse environmental impacts shall be included in the analysis. The
statement shall include the effect, if any, of the proposed work upon the ability of the wetland to:
(a) Receive and store surface waters and to recharge groundwater.
(b) Contribute to quantity and quality of the water supply and protect against saltwater
intrusion.
(c) Protect adjacent uplands from hurricane and tidal storm surges.
(d) Provide filtration and uptake of nutrients and pollutants from surface waters.
(e) Contribute sheet flow of surface waters to adjacent areas.
(f) Provide habitat for indigenous floral and faunal species, and rare, threatened and
endangered species, as defined in this chapter.
(g) Provide protection for the recharge area of a wellfield.
(2) An analysis of other adverse environmental impacts which cannot be avoided should the
proposal be implemented, such as water or air pollution, undesirable land use patterns, urban
congestion, threats to health or other consequences adverse to the County's environmental
goals, as set forth in this Code and the Miami -Dade County Comprehensive Development Master
Plan.
(3) A description and analysis of alternatives to the proposed work which avoid or mitigate some or
all of the probable adverse environmental impacts of the proposed work or which increase the
beneficial environmental effects of the proposed work. An economic cost -benefit analysis may be
submitted by the applicant for the proposed work and each such alternative.
(4) An analysis of the cumulative and long-term effects of the proposed work. The analysis shall
compare the proposed work's short-term use of the environment with long-term environmental
parameters including, but not limited to, biological productivity, habitat quality, protection of
hydrological resources, and nutrient and pollution attenuation capacity.
(5) An analysis of all irreversible commitments of natural resources which would occur if the
proposed work is implemented. This analysis shall include the extent to which the proposed work
would curtail the range of beneficial uses of the environment.
(6) A summary of the problems and objections raised by any federal, State or local entities and by
the public in the review process, the disposition of the issues involved, and the reasons therefor.
(7) A description and analysis of the socioeconomic benefits that may be derived from
implementation of the proposed work as wet as the potential negative impacts to the public
resulting from denial of or modifications to the proposed work.
Condensed fumes shall mean minute solid particles generated by the condensation of vapors from solid
matter volatilization from the molten state, or may be generated by chemical processes, operations or
reactions, when these processes create air -borne particles.
Cone of influence means a localized depression or draw -down of the groundwater due to water supply
well pumpage.
Construction and demolition debris shall mean solid waste comprised exclusively of materials which are
not hazardous materials and which are not water soluble, including steel, concrete, glass, brick, soils not
containing any hazardous materials, asphalt roofing and paving material, and lumber from a construction or
demolition project.
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Contaminant shall mean any substance present in any medium which may cause an adverse effect
upon public health, public safety, public welfare or the environment, or causes a nuisance as defined in
Section 24-5, Section 24-27 or Section 24-28.
Cooling pond shall mean a body of water enclosed by natural or constructed restraints which has been
approved by the State of Florida Department of Environmental Protection for purposes of controlling heat
dissipation from thermal discharges.
Cross -connection shall mean any physical connection or arrangement whereby contamination may
enter a water supply system; such as two (2) otherwise separate piping systems, one (1) of which contains or
is designed to contain .potable water and the other waste water or other fluids or material of unknown or
questionable safety, where intermixing may occur depending on the pressure or temperature differential
between the two (2) systems.
CTLs shall mean Clean-up Target Levels as set forth in Section 24-44.
Cumulative adverse environmentalimpact shall mean adverse environmental impact, as defined in this
chapter, resulting from a proliferation of a particular proposed work or land use within a wetland area.
Daily average pump station operating time shall mean the total of the number of operating hours for all
nonvariable speed'and non -multiple -speed pumps in the pump station for the month divided by the number of
days in the month which is then divided by the total number of the same type of pumps in the pump station
less one (1) pump of the same type, or the equivalent thereof as approved by the Director or the Director's
designee.
Davit space shall mean an area along a bulkhead or pier where a vessel may be suspended over tidal
waters by a mechanical device.
Department shall mean the Miami -Dade County Department of Environmental Resources Management.
Detention of stormwater shall mean the collection and temporary storage of stormwater in a manner
that will provide treatment through physical, chemicalor biological processes, with subsequent gradual release
of the stormwater in a manner not to exceed the design limitations of the temporary storage area.
Detention pond shall mean an open basin which intercepts the groundwater table and is used for the
temporary storage of stormwater runoff.
Developed land shall mean land upon which structures or facilities have been constructed.
Developed property shall mean any parcel of land which .contains an impervious area.
Development shall mean any proposed activity or material change in the use or character of land,
including, but not limited to, the placement of any structure, utility, fill, or site improvement on land, and any act
which requires a building permit.
Dewater shall mean to discharge off -site or on -site water from an excavation, underground structure, or
depressed land.
Diameter breast height (DBH) shall mean the diameter of a tree's trunk measured at a point four and
one-half (4'/) feet from where the tree emerges from the ground at natural grade. In the case of multiple-
trunked trees, the DBH shall mean the sum of each trunk's diameter measured at the point four and one-half
(41/2) feet from where the tree emerges from the ground at natural grade.
Director shall mean the Director of the Miami -Dade County Department of Environmental Resources
Management, with duties created pursuant to Section 24-6 of the Code of Miami -Dade County, Florida.
Dissolved hydrocarbon shall mean any substance soluble in fluorocarbon-113 and dispersed,
emulsified, or otherwise dissolved throughout a sample.
Domestic sewage shall mean waste water from toilets, showers, sinks, baths, and other facilities
designed for human sanitation whether located within residential or nonresidential land uses.
Dominance shall mean the species or group of species having the largest total number of individuals in
the canopy and/or understory within a defined area.
Dominant plant community shall mean a minimum of fifty-one (51) percent of the plant cover within an
area based on the following formula: Dominance equals one hundred (100) multiplied by the total estimated
basal area of wetland plant species divided by the total estimated basal area of all plant species.
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Drainage area shall mean a geographically defined land surface having topographical features such
that stormwater runoff will be directed towards a drainage structure or natural waterway.
Drainage well shall mean any excavation that is drilled, cored, bored, washed, driven, dug, jetted or
otherwise constructed when the intended use of such excavation is for the artificial recharge of groundwater,
or the intentional introduction of water into any underground formation.
Dredging shall mean the removal of soil (i.e., rock, clay, peat, sand, marl, sediments or other naturally
occurring soil material) from the surface of submerged or unsubmerged coastal or freshwater wetlands, tidal
waters or submerged bay -bottom lands. Dredging shall Include, but not be limited to, the removal of soils by
use of clamshells, suction lines, draglines, dredges or backhoes.
Drip line shall mean an imaginary vertical line extending from the outermost horizontal circumference of
a tree's branches to the ground.
Dry exfiltration shall mean an underground stormwater disposal system where the invert of a perforated
conveyance pipe is placed at or above the average October groundwater level as set forth in the Miami -Dade
County Public Works Manual, Part II, Section D4, dated September 1, 1974, as may be amended from time to
time.
Dry infiltration or dry retention shall mean the process which occurs when stormwater is conveyed to a
grassed swale or open basin for disposal into the ground where the bottom of the grassed swale or open basin
is at least one (1.0) foot above the average October groundwater level as set forth in the Miami -Dade County
Public Works Manual, Part II, Section D4, dated September 1, 1974, as may be amended from time to time.
Dry storage space shall mean a designated.place where a recreational vessel is stored on uplands by
one (1) of the following methods:
(1) On a boat trailer on a paved or unpaved surface; or
(2) On an individual boat rack; or
(3) On a multi -story boat rack.
Dust shall mean minute solid particles released into the air by natural forces or by mechanical
processes such as crushing, grinding, milling, drilling, demolishing, shoveling, conveying, covering, bagging,
sweeping, etc.
Dwelling shall mean any building which is wholly or partly used or intended to be used for living,
sleeping, cooking and eating.
Dwelling unit shall mean any room or group of rooms located within a dwelling and forming a single
habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating. This term shall
include, for the purposes of this ordinance, rooming units.
East Turnpike Wetland Basin shall mean the wetlands described below:
Those portions of Sections 18 and 19., Township 52 South., Range 40 East, lying east of the Homestead
Extension of Florida's Turnpike; and Sections 6, 7, 8, 17 and 18, Township 53 South, Range 40 East,
Miami -Dade County, Florida.
Effectively destroy shall mean the girdling, or damaging of a tree's trunk, branch or root system or
cutting, pruning or trimming not done in accordance with the most recent American National Standards (ANSI)
A-300 Standard Practices for Tree Care Operations.
Emission shall mean the act of passing into the atmosphere an air contaminant or gas stream which
contains or may contain an air contaminant; or the material so passed to the atmosphere.
Engineering control shall mean a process or structure which eliminates or reduces the migration of
contaminants or eliminates or reduces the exposure of human and environmental receptors to contaminants.
Environment shall mean the complex of climatic, edaphic and biotic factors that act upon an organism
or an ecological community and ultimately determine its form and survival and which will be affected by the
proposed work.
Environmental remediation shall mean clean-up of, or mitigation for, air, soil or water contamination
from the County solid waste management system and those facilities' for which the County is legally
responsible for environmental clean-up or mitigation.
Environmentally -sensitive tree resources shall mean a specimen tree, natural forest community, or any
other tree or trees that substantially contribute(s) to the aesthetics of an area, and which are not exempted
from permit requirements under Section 24-49(4)(f).
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Equivalent residential unit (sometimes hereinafter referred to as "ERU") shall mean the statistically
estimated average horizontal impervious area of residential developed property per dwelling unit. This
estimated average is calculated by dividing the total estimated impervious area of four (4) residential
categories, to wit, single family, mobile home, multifamily and condominium, by the estimated total number of
residential dwelling units. For the purposes of this ordinance each dwelling unit, to wit, single family residence,
mobile home, multifamily, or condominium, is assigned one (1) ERU.
Excavation shall mean the action or process of creating any lake, rockmining (excluding ancillary
property uses necessary for extracting and processing subsurface materials), reservoir, pond or other surface
water.
Exfiltration of stormwater shall mean the process by which stormwater flows out of a trench or a buried
perforated pipe into the surrounding ground.
Existing heat source shall mean any thermal discharge:
(1) Which is presently taking place, or
(2) For which a construction or operating permit has been issued prior to the effective date of these
rules.
Facility shall mean anything that is built or purchased to make an action or operation easier or toserve
a special purpose.
Feasible distance for public water mains shall mean the distance between the closest point of the
property and the nearest available point of connection to an available public water main is not excessive as
determined by the Director or the Director's designee in accordance with the following:
(1) Residential uses. If the distance between the property and the nearest available point of
connection to an available public water main is less than the distance derived by dividing the sum
of the existing and proposed gross floor area by a factor of twelve (12) square feet per linear foot
of public water main, extension of public water mains to serve the property is required, or
Notwithstanding the above, if the nearest available point of connection to an available public
water main is located within two hundred (200) feet of the closest point of the property, extension
of public water mains to serve the property is required.
(2) Office building uses. If the distance between the property and the nearest available point of
connection to an available public water main is less than the distance derived by dividing the sum
of the existing and proposed gross floor area by a factor of ten (10) square feet per linear foot of
public water main, extension of public water mains to serve the property is required, or
Notwithstanding the above, if the nearest available point of connection to an available public
water main is located within four hundred (400) feet of the closest point of the property, extension
of public water mains to serve the property is required.
(3) Business district uses. If the distance between the property and the nearest available point of
connection to an available public water main is less than the distance derived by dividing the sum
of the existing and proposed gross floor area by a factor of ten (10.) square feet per linear foot of
public water main, extension of public water mains to serve the property is required, or
Notwithstanding the above, if the nearest available point of connection to an available public
water main is located within six hundred (600) feet of the closest point of the property, extension
of public water mains to serve the property is required.
(4) Industrial uses. If the distance between the property and the nearest available point of
connection to an available public water main is less than the distance derived by dividing the sum
of the existing and proposed gross floor area by a factor of ten (10) square feet per linear foot of
public water main, extension of public water mains .to serve the property is required, or
Notwithstanding the above, if the nearest available point of connection to an available public
water main is located within seven hundred fifty (750) feet of the closest point of the property,
extension of public water mains to serve the property is required.
(5) In determining whether or not the distance between the closest point of the property and the
nearest available point of connection to an available public water main is excessive, the Director
or the Director's designee shall follow the principles set forth below:
(a) The nearest available point of connection to an available public water main shall be
determined by the Director or the Director's designee in accordance with good engineering
practices.
(b) Notwithstanding any of the provisions of this definition, additions, modifications, or
remodelings of existing improvements on the property shall not require extension of public
water mains to serve the property from the nearest available point of connection to an
available public water main, if the gross floor area of the new construction and new
improvements is less than twenty-five (25) percent of the existing gross floor area.
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Feasible distance for public sanitary sewers shall mean that distance between the closest point of the
property and the nearest available point of connection to an available public sanitary sewer is not excessive as
determined by the Director or the Director's designee in accordance with the following:
(1) Residential uses.
(a) Development requiring gravity sewer line extensions: If the distance between the closest
point of the property and the nearest available point of connection to an available public
sanitary sewer is less than that distance derived by dividing the sum of the existing and
proposed gross floor area by a factor of twenty (20) square feet of gross floor areaper
linear foot of public sanitary sewer, extension of public sanitary sewers to serve the
property is required, or
(b) Development requiring the installation of a sanitary sewer lift station for eleven (11)
residential units or more: If the distance between the closest point of the property and the
nearest available point of connection to an available public sanitary sewer is less than that
distance derived by subtracting one thousand (1,000) linear feet of public sanitary sewer
from that distance derived by dividing the sum of the existing and proposed gross floor
area by a factor of seventeen (17) square feet of gross floor area per linear foot of public
sanitary sewer, extension of public sanitary sewers to serve the property is required, or
(c) Notwithstanding subsections (1)(a) or (1)(b) above, if the nearest available point of
connection to an available public gravity sanitary sewer is located within one hundred
(100) feet of the closest point of the property, extension of public sanitary sewers to serve
the property Is required.
(2) Office building uses.
(a) If the distance between the closest point of the property and the nearest available point of
connection to an available public sanitary sewer is less than that distance derived by
dividing the sum of the existing and proposed gross floor area by a factor of fifteen (15)
square feet gross floor area per linear foot of public sanitary sewer, extension of public
sanitary sewers to serve the property is required, or
(b) Notwithstanding subsection (2)(a) above, if the nearest available point of connection to an
available public sanitary sewer is located within three hundred (300) feet of the closest
point of the property, extension of public sanitary sewers to serve the property is required.
(3) Business district uses.
(a) If the distance between the closest point of the property and the nearest available point of
connection to an available public sanitary sewer is less than that distance derived by
dividing the sum of the existing and proposed gross floor area by a factor of fifteen (15)
square feet gross floor area per linear foot of public sanitary sewer, extension of public
sanitary sewers to serve the property is required, or
(b) Notwithstanding subsection (3)(a) above, if the nearest available point of connection to an
available public sanitary sewer Is located within five hundred (500) feet of the closest point
of the property, extension of public sanitary sewers to serve the property is required.
(4) Industrial uses.
(a) If the distance between the closest point of the property and the nearest available point of
connection to an available public sanitary sewer is less than that distance derived by
dividing the sum of the existing and proposed gross floor area by a factor of fifteen (15)
square feet gross floor area per linear foot of public sanitary sewer, extension of public
sanitary sewers to serve the property is required, or
(b) Notwithstanding subsection (4)(a) above, if the nearest available point of connection to an
available public sanitary sewer is located within seven hundred (700) feet of the closest
point of the property, extension of public sanitary sewers to serve the property is required.
(5) In determining whether or not the distance between the closest point of the property and the
nearest available point of connection to an available public sanitary sewer is excessive, the
Director or the Director's designee shall follow the principles set forth below:
The nearest available point of connection to an available public sanitary sewer shall be
determined by the Director or the Director's designee in accordance with good engineering
practices.
(6) Notwithstanding any of the provisions of this definition, additions, modifications, or remodelings
of existing improvements on the property shall not require extension of public sanitary sewers to
serve the property from the nearest available point of connection to an available public sanitary
sewer, if the gross floor area of the new construction and new improvements is less than twenty-
five (25) percent of the existing gross floor area.
Filling shall mean the alteration of wetlands, tidal waters or bay -bottom lands, by adding material or soil
to obtain higher elevations or better compaction of existing elevations.
Firebreak shall mean an area of bare ground no more than ten (10) feet in width in a forest which has
been created to prevent the spreading of wild fires.
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First inch of retention shall mean the disposal by on -site retention of the volume of stormwater
generated by the first inch of runoff from a defined drainage area.
First inch of runoff shall mean the volume of stormwater runoff. generated during the initial stages of a
rainfall event and is calculated as the volume of stormwater runoff generated during the time required to supply
and transport to the emergency overflow outfall, one (1) inch of stormwater runoff from the farthest point in the
basin, as set forth in "DESIGN OF DRAINAGE STRUCTURE, AN UPDATED POLICY FOR THE DESIGN OF
STORM RUNOFF DRAINAGE STRUCTURES, DECEMBER 1980," a document prepared by and on file in the
offices of the Miami -Dade County Department of Environmental Resources Management.
Fixed structure shall mean anything of a permanent or temporary nature which is built, constructed,
placed or installed in, on, over or upon tidal waters. Fixed structures shall not include vessels or floating
structures.
Floating hydrocarbon shall mean any substance soluble in fluorocarbon-113 asset forth in EPA Method
413.1 and floating or otherwise forming a visible layer upon any aqueous surface.
Floating structure shall mean a barge -like entity, with or without accommodations, which is not used as
a means of transportation on water but which serves purposes or provides services typically associated with a
structure upon or improvements to real property. A floating structure includes, but is not limited to, a residence,
place of business., office, hotel, motel, restaurant, lounge, retail or wholesale store, clubhouse, helicopter pad,
meeting facility, or a storage or parking facility. Incidental movement or the capability of movement upon water
shall not preclude an entity from classification as a floating structure. Registration of the entity as a vessel in
accordance with Chapter 327, Florida Statutes, shall not preclude an entity from classification as a floating
structure.
Flooding shall mean the accumulation of stormwater on the ground surface which occurs as a result of
excessive rainfall precipitation which has saturated the soil and filled the canals, lakes, ditches and drainage
structures beyond their storage and transmission capacities.
Florida No. 1 grade or equivalent shall mean the classification of the quality of a nursery plant as
published in Grades and Standards for Nursery Plants, Part II, Florida Department of Agriculture and
Consumer Services, Division of Plant Industry.
Flue shall mean any duct or passage for air., gases, or airborne materials, such as a stack or chimney.
Forest management plan shall mean a document which specifies the techniques that will be
implemented to maintain and preserve an individual natural forest community.
Free chlorine shall mean chlorine existing in water as hypochlorous acid, hypochlorite ions, and
molecular chlorine.
Free product shall mean any non -aqueous liquid.
French drain shall mean a structure consisting of a perforated, slotted or open joint pipe buried in a
trench and surrounded by ballast rock and used for the underground disposal of stormwater runoff into
groundwater or the unsaturated zone.
Fresh waters shall mean all waters of the state which are containedin lakes and ponds, or are in
flowing streams above the zone in which tidal actions influence the salinity of the water and where the
concentration of chloride ions is normally less than five hundred (500) milligrams per liter.
Fully loaded vessel shall mean:
(1) All of the vessel's fuel tanks, water tanks and other tanks are full, and
(2) The vessel has the maximum allowable number of crew, passengers, equipment and provisions
pursuant to the manufacturer's specifications and, where applicable, the United States Coast
Guard certification, and
(3) The vessel has all safety and rescue equipment required pursuant to state, federal and, if
applicable, international law, and
(4) The vessel contains the maximum authorized amount (by weight) of cargo pursuant to state,
federal and, if applicable, international law.
Garbage shall mean every refuse accumulation of animal, fruit or vegetable matter that attends the
preparation, use, cooking and dealing in, or storage of edibles, and any other matter, of any nature
whatsoever, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors,
or which, during or after decay, may serve as breeding or feeding material for flies or other germ -carrying
insects.
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Gas shall mean a formless fluid which occupies space and which can be changed to a liquid or solid
state only by increasing pressure with decreased or controlled temperature, or by decreased temperature with
Increased or controlled pressure.
Grassed swale shall mean a depression on the ground surface which is covered by vegetation and Is
located entirely within the unsaturated zone.
Gravity injection means the introduction of water into a well from which the water enters the
groundwater without any force other than the force of gravity. Said well shall be in excess of two (2) feet below
the average yearly highest groundwater elevation as specified in the Miami -Dade County Public Works Manual
as same may be amended from time to time.
Graywater shall mean that portion of domestic sewage emanating from residential showers, residential
baths, residential bathroom washbasins, or residential clothes washing machines.
Ground cover shall mean plants, other than turf grass, normally reaching an average maximum height
of not more than twenty-four (24) inches at maturity.
Ground pollution shall mean the introduction into or upon any ground of any organic or inorganic matter
or deleterious substances in such quantities, proportions or accumulations which are injurious to human, plant,
animal, fish and other aquatic life, or property, or which unreasonably interfere with the comfortable enjoyment
of life or property, or the conduct of business. It shall be a rebuttable presumption that the introduction of any
hazardous waste as defined in Section 24-5 or hazardous materials as defined in Section 24-5 into or upon the
ground, which exceeds any of the clean-up target levels (CTLs) set forth in Section 24-44, shall constitute and
shall be deemed to be ground pollution.
Halophytic vegetation shall mean the following species:
Aizoaceae (carpetweed family)—Sesuvium portulacastrum (sea purslane)
Amaranthaceae (amaranth family)—Philoxerus vermicularis (marsh samphire)
Amaryllidaceae (amaryllis family)—Hymenocallis latifolia (spider lily)
Apocynaceae (oleander family)—Rhabdadenia biflora (mangrove rubber vine)
Asteraceae (aster family) —Aster tenuifolius var. aphyllus (salt -marsh aster)
Baccharis angustifolia (false willow)
Baccharis halimifolia (groundsel tree)
Borrichia arborescens (oxeye daisy)
Borrichia frutescens (oxeye daisy)
Iva frutescens (marsh elder)
Avicenniaceae (black mangrove family—Avicennia germinans (black mangrove)
Batidaceae (saltwort family)—Batis maritima (.saltwort)
Chenopodiaceae (goosefoot family)—Salicornia virginica (perennial glasswort)
Salicornia.bigelovil (annual glasswort)
Suaeda linearis (sea blite)
Salsola kali (saltwort)
Combretaceae (white mangrove family)—Conocarpus erecta (buttonwood)
Laguncularia racemosa (white mangrove)
Cymodoceaceae (manatee grass family)—Halodule wrightii (Cuban shoal weed)
Syringodium filiforme (manatee grass)
Cyperaceae (sedge family)—Cyperus odoratus (sedge)
Cyperus ligularis (sedge)
Cyperus planifolius (sedge)
Fimbristylis castanea
Fimbristylis spathacea
Hydrocharitaceae (frog's bit family)—Thalassia testudinum (turtle grass)
Juncaceae (rush family)
Juncus roemerianus (rush)
Juncaginaceae (arrow grass family)—Triglochin striata
Plumbaginaceae (leadwort family)—Limonium carolinianum var. carolinianum (sea lavender)
Limonium carolinianum var. angustatum (sea lavender)
Poaceae (grass family)—Distichlis spicata (seashore salt grass)
Monanthochloe littoralis (Key grass)
Paspalum vaginatum (salt joint grass)
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Spartina alterniflora (smooth cord grass)
Spartina patens (salt -meadow cord grass)
Spartina spartinae (gulf cord grass)
Sporobolus virginicus (Virginia dropseed)
Primulaceae (primrose family)—Samolus ebracteatus (water pimpernel)
Pteridaceae (bracken family)—Acrostichum aureum (coastal leather fern)
Acrostichum danaeafolium (leather fern)
Rhizophoraceae (red mangrove family)—Rhizophora mangle (red mangrove)
Ruppiaoeae (widgeon grass family)—Ruppia maritima (widgeon grass)
Solanaceae (nightshade family)—Lycium carolinanum (Christmasberry)
Surianaccac (bay -cedar family)—Suriana maritima (bay cedar)
Harmful obstruction or undesirable alteration of the natural flow of surface water shall mean any
substantial diversion, obstruction, creation of backwater conditions, interruption, adverse change in velocity,
volume, or depth of the natural flow of surface water. Natural flow need not be uniform or uninterrupted and
may be seasonal or periodic.
Hazard index shall mean the sum of more than one (1) hazard quotient for multiple contaminants or for
multiple exposure pathways.
Hazard quotient shall mean the ratio of a single contaminant exposure level over a specified time period
to a reference dose for that contaminant derived from a similar exposure period.
Hazardous materials shall mean any waste, product, substance, or combination or breakdown product
thereof which, because of its biological or chemical characteristics, if introduced into a potable public water
supply well, will impair the potability of the water withdrawn by the potable public water supply well or which
will be harmful or potentially harmful to human, plant or animal life or property or the conduct of business or
which will increase the cost of operation of public water supply treatment facilities or which will increase the
reliance by consumers of potable water from such potable public water supply wells on the operation of public
water supply treatment facilities to, provide potable water which is not harmful or potentially harmful to human,
plant or animal life or property or the conduct of business.
Within ninety (90) days from the effective date of Ord. No. 83-96 and at least annually thereafter, the
Director or the Director's designee shall submit to the Board of County Commissioners a list of wastes,
products, substances or combination or breakdown products thereof which the Director or the Director's'
designee has determined to be hazardous materials as hereinabove defined. The Board of County
Commissioners shall designate, by resolution, which of the wastes, products, substances or combination or
breakdown products thereof so listed by the Director or the Director's designee shall be legally presumed to be
hazardous materials as defined hereinabove. Such designation by the Board of County Commissiohers shall
create a rebuttable presumption that the wastes, products, substances or combination or breakdown products
thereof so designated are hazardous materials as hereinabove defined. Such designations shall be deemed
nonexclusive. Nondesignation by the Board of County Commissioners shall not create any presumption that
the nondesignated wastes, products, substances or combination or breakdown products thereof are not
hazardous materials. Nothing :herein shall be construed to limit in any way the power of the Director or the
Director's designee in the performance of his duties and responsibilities to determine that a waste, product,
substance or combination or breakdown product thereof is a hazardous material as defined hereinabove.
Hazardous waste shall mean:
(1) A waste defined as a hazardous waste in 40 C.F.R. Part 261, or
(2) Used radiator fluid,
(3) , Used lubricating oil,
(4) Used transmission fluid,
(5) Used brake fluid, or
(6) Used power steering fluid,
Health care facilities shall mean hospitals, skilled nursing facilities, clinics, intermediate care facilities,
ambulatory surgical centers, health maintenance organizations, doctor's offices, dentist's offices or free
standing hemodialysis centers.
Health hazards shall mean any conditions, devices, or practices in a water supply system or its
operation which create a possible danger to the health and well-being of the water consumer. (An example of
a health hazard is a structural defect in the water supply system, whether of location, design or construction,
which may regularly or occasionally prevent satisfactory purification of water supply or cause it to be polluted
from extraneous sources.)
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Heated -water discharges shall mean the effluents from commercial or industrial activities or processes
in which water is used for the purpose of transporting waste heat.
Highway shall mean any public thoroughfare, including streets, designed for motor vehicles.
Impervious area shall mean a division of the horizontal ground surface which is incapable of being
penetrated by rainwater. This shall include, but not be limited to, all structures, roof extensions, slabs, patios,
porches, driveways, sidewalks, parking areas, swimming pools, athletic courts, and decks.
Individual water supply shall mean a well or wells or other source of water, and pump and piping if any,
located on the premisesserved for supplying twenty-five (25) persons or less.
Industrial liquid waste facility shall mean any facility engaged in the manufacture, production,
fabrication, packaging, repackaging, repair, processing or sale of goods or services, and which produces or
generates or may reasonably be expected to produce or generate liquid waste.
Industrial waste shall mean discharges, effluents, spills, or leaks of any hazardous wastes, hazardous
materials, process wastewater, or wastes other than domestic sewage, from an industrial liquid waste facility.
Infiltration means the distribution of water on the surface of land to permit the water to soak through the
vegetation and soil into the groundwater.
Infiltration of stormwater shall mean the process by which stormwater flows vertically downward through
the ground into the Biscayne Aquifer.
Inflow shall mean any water, other than domestic sewage or other wastewater approved by the Director
or the Director's designee to be discharged into a sanitary sewer system, introduced into any publicly or
privately owned or operated gravity sanitary sewer or pump station wet well which is not sewer system
infiltration.
Institutional control shall mean a restriction on the use of, or access to, a site to eliminate or minimize
exposure to contaminants. Examples include, but are not limited to, deed restrictions, restrictive covenants, or
conservation easements.
Interim sewage treatment plant shall mean any sewage treatment plant, public or private, including but
not limited to interim package sewage treatment plants, that discharges its effluent directly into the Biscayne
Aquifer or inland surface waters of Miami -Dade County.
Intermediate care facilities shall mean day care centers, day nurseries, convalescent homes, adult
congregate living facilities, rooming houses, boarding homes, homes for the elderly, homes for dependent
children or retirement villages or any other facility providing shelter and supervision for dependent individuals
who because of their mental or physical condition require health related care and services above the level of
room and board.
Key manhole shall mean the sanitary sewer manhole into which the entire sewage flow from a sewer
subsystem is discharged.
Landclearing shall mean the removal of vegetation or soils from submerged or unsubmerged wetlands.
Landclearing shall not mean the removal of the following undesirable exotic vegetation; Melaleuca, Australian
pine, or Brazilian pepper trees.
Landscape replacement plan shall mean a drawing containing proposed tree removal, tree replacement
planting, tree relocation and preservation areas.
Liquid waste generator shall mean any person or entity whose act or process produces liquid waste, or
who by the nature of its operations uses materials in a process which would subsequently require disposal as
a liquid waste as defined in this chapter.
Liquid waste shall mean sludge resulting from, but not limited to, a waste treatment works, air pollution
control facility, domestic, commercial, mining, institutional, agricultural, or governmental operations; or other
waste materials, including materials to be recycled or otherwise beneficially reused; or septic tank, grease trap,
sediment trap, portable toilet, or oil and grease separator pump -outs; or solvents, sewage., industrial waste,
hazardous waste, semisolid waste, or potentially infectious waste; or any similar materials which would cause
a nuisance or would otherwise cause a violation of this chapter if discharged to the ground or waters of Miami -
Dade County. However, sewage and industrial wastes which have been permitted by the Department to be
discharged and which are discharged through a lateral connection to the sewerage system or on -site treatment
facility are not included in this definition. Furthermore, subsurface materials extracted as a result of rock mining
which are not discharged to canals or other water bodies are not included in this definition.
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Liquid waste transporter shall mean any person or entity which carries, conveys, bears or transports
any liquid waste in any moving vehicle including but not limited to a car, truck, tank car, railroad car or other
vehicle.
Loading facility shall mean a gasoline, gasohol or petroleum distillates storage and distribution facility
with an average daily throughput (calculated over a thirty -day period) equal to or greater than twenty thousand
(20,000) gallons of gasoline, gasohol or petroleum distillates.
Local agencies shall mean any county or municipal government or agency thereof.
Mangrove tree shall mean any of the following species, regardless of size, including mangrove trees as
small as rooted seedlings: Avicennia germinans (black mangrove), Rhlzophora mangle (red mangrove),
Laguncularia racemosa (white mangrove). Notwithstanding the foregoing, mangrove tree shall not include
seedlings smaller than 3-5 leaf stage rooted seedlings.
Maximum contaminant level shall mean the maximum permissible level of a contaminant in water which
is delivered to any user of a public water system.
Maximum day pumpage wellfield protection area shall mean the area within the cone of influence of a
public utility potable water supply well based upon maximum day pumpage.
Metal recycling facility shall mean a facility using equipment to crush, shred, cut or otherwise process
ferrous scrap metal into prepared ferrous scrap for resale or reuse. For the purpose of this definition, facilities
limited to dealing in non-ferrous metals are not included.
Miami -Dade County Nursery Report shall mean a monthly, published bulletin listing availability of trees,
prices of trees, and stock of many major nurseries in Miami -Dade County which is prepared by the Florida
Nurserymen and Grower Association.
Minimum flow shall mean the rate of sewage flow, expressed in gallons per day per inch diameter per
mile, measured at a pump station wet well or a key manhole of a sewer subsystem from 1:00 a.m. to 5:00 a.m.
or at such other time when the rate of sewage flow transmitted through the pump station or key manhole is at
the lowest rate during any one (1) twenty -four-hour period exclusive of known or estimated sewage flows from
commercial and industrial sources of wastewater.
Mist shall mean a suspension of any finely divided liquid in any gas.
Mobile home shall mean the same term as defined by Section 320.01(2), Florida Statutes, as same may
be amended from time to time.
Monitoring well or test well shall mean a well constructed with a surface seal and a sand filter pack in
accordance with accepted technical design practices to provide for the collection of representative
groundwater samples for laboratory analyses. Such wells may also be used to detect the presence of free
product or collect water -level elevation data to aid in determining the direction of groundwater flow.
Mooring shall mean a temporary or permanent piling or floating device anchored in tidal waters for th.e
purpose of securing a vessel.
Motor vehicle fuel delivery vessel shall mean a tank truck or trailer equipped with a storage tank used
for the transportation of gasoline or gasohol from sources of supply to stationary storage tanks at motor vehicle
fuel service stations.
Motor vehicle fuel service station shall mean any location which has underground storage facilities or
aboveground storage facilities or both and which location has a total storage capacity of gasoline or gasohol of
ten thousand (10,000) gallons or more, or which dispenses ten thousand (10,000) gallons or more per month
of gasoline or gasohol to motor vehicle fuel tanks from such location.
Motor vehicle shall mean any car, truck, bus or other self-propelled wheeled conveyance that does not
run on rails.
Multiple and variable -speed daily average pump station operating time shall mean the equivalent of the
daily average pump station operating time, computed as follows: The average daily kilowatt-hours of
consumption of all pumps of the same type in a pump station divided by the average daily kilowatt criteria in
kilowatt hours multiplied by ten (10). The average daily kilowatt criteria in kilowatt hours ("A") is computed as
follows: A = M X 24 hrs. X .746 KW/HP multiplied by P/100 where M is the Maximum Station HP. The
applicable pump control factor ("P") is expressed as a percentage in parts (B) and (C) of the definition of
adequate transmission capacity in this chapter. M is computed as follows: The rated horsepower of each pump
at high speed multiplied by the number of pumps of the same type in the pump station less one (1) pump of
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the same type having the greatest rated horsepower, or the equivalent thereof as approved by the Director or
the Director's designee.
Multiple -chamber incinerator shall mean any article., machine, equipment, contrivance, structure or part
of a structure, used to dispose of combustible refuse by burning, consisting of three (3) or more refractory -lined
combustion chambers in a series, physically separated by refractory walls, interconnected by gas passage
ports or ducts and employing adequate design parameters necessary for maximum combustion of the material
to be burned.
The refractories shall have a pyrometric cone equivalent of at least seventeen (17), tested according to
the method described in the American Society for Testing [and] Materials, Method C-24.
Native plant species shall mean a plant species with a geographic distribution indigenous to all or part
of Miami -Dade County. Plants which are described as being native to Miami -Dade County in botanical
manuals such as, but not limited to, "A Flora of Tropical Florida" by Long and Lakela and "The Biology of Trees
Native to Tropical Florida" by P.B. Tomlinson, are native plant species within the meaning of this definition.
Plant species which have been introduced into Miami -Dade County by man are not native plant species.
Natural attenuation shall mean a method of site rehabilitation action which allows natural processes to
contain the spread of contaminants and to reduce the concentration of contaminants in groundwater and soil.
Natural attenuation processes include, but are not limited to, diffusion and dispersion in conjunction with the
following: sorption, biodegradation, chemical reactions, or volatilization.
Natural forest community shall mean all stands of trees (including their associated understory) which
were designated as Natural Forest Communities on the Miami -Dade County Natural Forest Community Maps
and approved by the Board of County Commissioners, pursuant to Resolution No. R-1764-84. These maps
may be revised from time to time by resolution in order to reflect current conditions and to insure that, at a
minimum, the canopy and understory of designated natural forest communities are dominated by native plant
species, as defined herein. The Department shall evaluate the following additional factors when reviewing
existing and proposed natural forest community sites:
(1) The presence of endangered, threatened, rare or endemic species included on the Federal List
of Endangered and Threatened Species, the Florida Game and Fresh Water Fish Commission
List of Endangered and Potentially Endangered Fauna and Flora in Florida, or the Miami -Dade
County Comprehensive Development Master Plan List of Endangered, Threatened, Rare and
Endemic Plants in Miami -Dade County.
(2) Overall plant species diversity of the site.
(3) Size of the trees.
(4) Size of the site.
(5) Wildlife habitat value of the site.
(6) Geological features of the site.
(7) Percentage of the site covered by exotic (non-native) species.
Within one hundred twenty (120) days of the effective date of Ordinance Number 89-8, the Department
shall develop a quantitative evaluation form incorporating the above factors to be used in evaluating natural
forest community sites, and shall include a minimum quantitative threshold standard for inclusion on the
revised natural forest community maps. Said evaluation form may be revised from time to time as appropriate,
and shall be reviewed and approved by the Tree and Forest Resources Committee prior to its utilization.
Upon completion of the review of the existing natural forest community maps, the Director shall
recommend to the Board of County Commissioners that only those sites which .meet the minimum quantitative
threshold standard established in the above -described evaluation form be maintained on the list and that all
other sites be deleted. This shall not preclude the further addition of sites to the maps. The Director shall also
recommend to the Board of County Commissioners that all applicable boundary changes be made to all
remaining sites.
Natural grade shall mean the ground elevation of a property prior to the placement of any fill on the site.
Naturally occurring background concentrations shall mean concentrations of contaminants which are
naturally occurring in the groundwater, surface water, soil or sediment in the vicinity of a site.
Nominal average power consumption shall mean the total power consumption for the month of all of the
pumps of the same type in the pump station divided by the number of days in the month and which is then
divided by the total number of the same type of pumps in the pump station less one (1) of the same type of
pumps, or the equivalent thereof as approved by the Director or the Director's designee, which is then
averaged with the same computations performed for the previous eleven (11) months.
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Nominal daily average pump station operating time shall mean the total of the number of operating
hours for all nonvariable speed and non -multiple -speed pumps in the pump station for the month divided by
the number of days in the month and which is then divided by the total number of nonvariable speed and non -
multiple speed pumps in the pump station less one (1) of the same type of pumps, or the equivalent thereof•as
approved by the Director or the Director's designee, which is then averaged with the same computations I i
performed for the previous eleven (11) months.
Nonresidential development property shall mean any parcel of land which contains an impervious.area
and which is classified by the Miami -Dade County Property Appraiser as land use types 10 through and
including 49 and 70 through and including 99 as set forth in the Florida Administrative Code Rule 12D-8,008(2)
(c), as same may be amended from time to time.
Nonstructural controls of stormwater shall mean any activity designed to reduce pollutant loading of
stormwater including, but not limited to, pollution prevention management policies and public education
programs.
Nonviable shall mean not capable of existing and continuing to provide the biological or aesthetic
qualities associated with a healthy, functioning tree resource.
lands:
North Trail Basin shall mean a basin located in western Miami -Dade County comprising the following
Sections 33, 34, 35 and 36, Township 53 South, Range 39 East and, Government Lots 1, 2, 3 and 4,
Townships 53-54 South and, those portions of Sections 1, 2, 3 and 4, Township 54.South, Range 39
East, which lie north of the north right-of-way line of the Tamiami Canal.
North Trail Wetland Basin shall mean the wetlands described below:
That portion of Section 3, Township 54 South, Range 39 East, lying north of U.S. Highway 41 (Tamiami
Trail); that portion of Section 4, Township 54 South, Range 39 East, lying north of U.S. Highway 41
(Tamiami Trail); Government Lot 2, located between Townships 53 and 54 South, Range 39 East;
Government Lot 3, located .between Townships 53 and 54 South, Range 39 East and Government Lot
4, located between Townships 53 and 54 South, Range 39 East, Miami -Dade County, Florida. •
Nuisance shall mean and include the use of any property, facilities, equipment, processes, products or
compounds, or the commission of any acts or any work that causes or materially contributes .to:
(1) The emission into the outdoor air of dust, fume, gas, .mist, odor, smoke or vapor, or any
combination thereof, of a character and in a quantity as to be detectable by a considerable
number of persons or the public so as to interfere with their health, repose or safety, or cause
severe annoyance or discomfort, or which tends to lessen normal food and water intake, or
produces irritation of the upper respiratory tract, or produces symptoms of nausea, or is offensive
or objectionable to normal persons because of inherent chemical or physical properties, or
causes injury or damage to real property, personal property or human, animal or plant life of any
kind, or which interferes with normal conduct of business., or Is detrimental or harmful to the
health, comfort, living conditions, welfare and safety of the inhabitants of this County.
(2) The discharge into any of the waters of this County of any organic or inorganic matter or
deleterious substance or chemical compounds, or any effluent containing the foregoing, in such
quantities, proportions or accumulations so as to interfere with the health, repose or safety of any
considerable number of persons or the public, or to cause severe annoyance or discomfort, or
which tends to lessen normal food and water•intake, or produces symptoms of nausea, or is
offensive or objectionable to normal persons because of inherent chemical or physical properties,
or causes injury or damage to real property, personal property, human, plant or animal life of any
kind, or which interferes with normal conduct of business, or is detrimental or harmful to the
health, comfort, living conditions, welfare and safety of the inhabitants of this County.
(3:) Any violation of provisions of this chapter which becomes detrimental to health or threatens
danger to the safety of persons or property, or gives offense to, is injurious to, or endangers the
public health and welfare, or prevents the reasonable and comfortable use and enjoyment of
property by any considerable number of the public.
(4) Adverse environmental impact to a coastal or freshwater wetlands.
(5) Cumulative adverse environmental impact to a coastal or freshwater wetlands,
(6) Adverse environmental impact to environmentally -sensitive tree resources.
(7) Cumulative adverse environmental impact to environmentally -sensitive tree resources.
Odor shall mean that property of a substance which materially offends the sense of smell.
Oil -effluent water separator shall mean any tank, box, sump or other container in which any petroleum
or product thereof, floating on or entrained or contained in water entering such tank, box, sump or other
container, is physically separated and removed from such water prior to outfall, drainage, or recovery of such
water.
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On-slte domestic well system shall mean any water supply system using a well and piping to provide
potable water for human consumption.
On -site shall mean within the boundaries of a facility location, property or site including those sites
spatially separated by public or private rights -of -way.
On -site retention shall mean the containment and disposal of stormwater runoff by means other than
positive drainage within the limits of the project site.
Open outdoor fire shall mean any combustion of combustible material of any type outdoors, in the open,
not in any approved enclosure or device, where the products of combustion are not directed through a 'flue.
Out of service shall mean an underground storage facility which is empty, does not have hazardous
materials transferred into or withdrawn from the underground storage facility, is not in active use and is in
compliance with the requirements set forth in Chapter 62-761.800, Florida Administrative Code.
Outer wellfield protection zone shall mean the maximum extent of area protected by the wellfield
protection provisions set forth in Chapter 24 of the Code of Miami -Dade County, Florida, for one wellfield or if a
wellfield complex exists, the maximum extent of area protected by the wellfield protection provisions set forth
in Chapter 24 of the Code of Miami -Dade County, Florida, as set forth in the wellfield protection maps adopted
by the Board of County Commissioners.
Overflow outfall shall mean a drainage structure designed to discharge to an on -site or off -site location
any excess stormwater runoff after an initial runoff volume has been retained on -site.
Overflow shall mean the discharge of sewage from any publicly or privately -owned or operated sanitary
sewer collection system or wastewater treatment facility to the surface of the ground or to a surface water.
Overland sheet flow shall mean stormwater runoff flowing over an unrestricted ground surface area.
Owner -builder shall mean (an) owner(s) in fee who construct(s) no more than one (1) single-family or
duplex residence per year for personal use and occupancy by said owner(s), and not intended for sale.
•
Ozone -depleting compound shall mean any of the substances identified in Section 602(a) and Section
602(b) of Title VI of the Clean Air Act Amendments of 1990 by the United States Environmental Protection
Agency as contributing to the depletion or destruction of the stratospheric ozone layer of the Earth.
Particulate matter shall mean any material which at standard conditions, is emitted into the atmosphere
in a finely divided form as liquid or solid or both, but shall not include uncombined water vapor.
Party or parties responsible for site rehabilitation actions shall mean the discharger or, if the discharger
is unknown or the contamination was the result of a previously unreported discharge, the property owner or
operator who is subject to the provisions of Section 24-44(2).
Permeability shall mean the ability of an aquifer, soil, rock or other geological formation to transmit
water.
Person shall be construed to include any natural person, individual, public or private corporation, firm,
association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer or
any other entity whatsoever, or any combination of such, jointly or severally.
Point of discharge (POD) for a heated -wafer discharge shall mean either that point at which the effluent
physically leaves its carrying conduit (open or closed) and discharges into the waters of the State, or a specific
point designated by the Florida Department of Environmental Protection for that particular thermal discharge.
Pollution prevention shall mean the use of materials processes, or practices that reduce or eliminate the
creation of, or toxicity of, pollutants or wastes at the source.
Pollution shall mean the presence of any foreign substance (organic, inorganic, radiological, biological
or thermal) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of
the water.
Positive drainage shall mean the direct disposal of stormwater runoff by overland sheet flow or through
a channel ditch, or closed pipe system into an on -site or of site surface water body such as, but not limited to,
a lake, lagoon, river, canal, bay or the ocean.
Potable water shall mean water that is satisfactory for drinking,culinary and domestic purposes meeting
the quality standards defined in this chapter.
ppm (vol) shall mean parts per million by volume.
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ppm (wt.) shall mean parts per million by weight and is equivalent to milligrams per liter.
Prepared ferrous scrap shall mean any scrap iron or steel which has been mechanically or otherwise
processed into a raw material meeting any of the specifications contained in the Scrap Specifications Circular
1993, published by the Institute of Scrap Recycling Industries, Inc., Washington, D.C. Guidelines for Ferrous
Scrap.
Prescribed burning shall mean the process of periodic deliberate burning of a pineland in a controlled
manner taking into consideration weather and understory moisture conditions, for the purposes of maintaining
the pineland in a natural condition and for the promotion of pine regeneration.
Preservation area shall mean portions of a site that are to be protected from any treeor understory
removal (except as required by the Department) and maintained without any development.
Primary pump station shall mean any pump station in a publicly or privately owned or operated sanitary
sewer collection system which directly receives sewage flow from gravity sanitary sewers.
Privately owned or operated sanitary sewer collection system shall mean any sanitary sewer collection
and transmission facilities, including that located both on private property and within a public right-of-way or
easement, which is owned or operated by any person other than Miami -Dade County, the state, the United
States of America, or any municipality in Miami -Dade County.
Process weight per hour shall mean the total weight of all materials, except uncombined water,
introduced into any unit process, which process may cause any discharge into the atmosphere. Solid fuels
charged will be considered as part of the process weight, but liquid and gaseous fuels, combustion air, excess
air, infiltrated and other air added to the process, will not be so considered. The process weight per hour will
be derived by dividing the total process weight by the number of hours in one (1) complete operation from the
beginning of any given process to the completion thereof, excluding any time during which the equipment is
idle.
Protective barrier shall mean a temporary fence or other structure built to restrict passage into an area
surrounding a tree or stand of trees for the purpose of preventing any disturbance to the roots, trunk or
branches of the tree or trees.
Public water system shall mean plumbing for the provision to the public of water for human
1 consumption, such plumbing has at least fifteen (15) service connections or regularly serves an averages of at
least twenty-five (25) individuals daily at least three (3) months out of the year or servesat least five (5)
individuals and is not a single-family residence or a duplex residence. Such term includes:
utility.
(1)
(2)
Any collection, treatment, storage and distribution facilities under control of the operator of such
system and used primarily in connection with such system, and
Any collection or pretreatment storage facilities not under such control which are used primarily
in connection with such system.
Public water main shall mean any water main in a public water system owned and operated by a public
Publicly owned or operated sanitary sewer collection system shall mean any sanitary sewer collection
and transmission facilities, including that portion of the sewage lateral connection located within a public right-
of-way or easement, which is owned or operated by Miami -Dade County, the state, the United States of
America, or any municipality in Miami -Dade County.
Publicly owned treatment works (POTW) shall mean any device or system that is used in the treatment
(including recyclingand reclamation) of sewage and that is owned by a state, county, or municipality. Sewers,
pipes, or other conveyances are included only if they convey sewage to a •POTW.
Rare, threatened and endangered species shall include all species classified as endangered,
threatened or rare by Sections 581.185-581.187 and Chapter 372 of the Florida Statutes, as amended from
time to time; or by Appendix A or B of the Comprehensive Development Master Plan for Miami -Dade County,
Florida, as amended from time to time.
Rated multiple -speed pump station motor horsepower shall mean the sum of the rated horsepower for
the same type of pumps in the pump station less the rated horsepower of the one (1) pump of the same type
having the greatest rated horsepower, or the equivalent thereof as approved by the Director or the Director's
designee.
Rated variable -speed pump station motor horsepower shall mean the sum of the rated horsepowers for
the same type of pumps in the pump station less the rated horsepower of the one (1) pump of the same type
having the greatest rated horsepower, or the equivalent thereof as approved by the Director or the Director's
designee.
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Recreational boat docking facility shall mean a boat docking facility which has boat slips, moorings,
vessel tieup spaces, or davit spaces of which fifty (50) percent or more are designated for or contain
recreational vessels.
Recreational vessel shall mean any vessel used by its owner or operator for noncommercial purposes.
Refrigerant shall mean any substance containing any ozone -depleting compound which is utilized in
any refrigeration system.
Refrigeration system shall mean any refrigerator, freezer, chiller, cold storage warehouse, refrigeration
unit, or any kind of air conditioner (mobile, portable, stationary, motor vehicle).
Relocated tree shall mean a tree which has been transplanted pursuant to Ordinance Number 89-8 and
which continues to be viable at least one (1) year after transplanting.
Replacement tree shall mean a shade tree, small tree, or palm tree required to be planted pursuant to
the provisions of Ordinance Number 89-8.
Residential developed property shall mean any parcel of land which contains an impervious area and
which is classified by the Miami -Dade County Property Appraiser as land use types 00 through and including
09 and land use types 50 through and including 69 if said land use contains a single-family or multifamily
residence, as set forth in Florida Administrative Code Rule 12D-8.008(2)(c), as same may be amended from
time to time.
Resource recovery and management facility shall mean any facility the purpose of which is disposal,
recycling, incineration, processing, storage, transfer, or treatment of solid or liquid waste; but for the purpose of
permitting does not include sewage treatment, industrial waste treatment, or facilities exclusively within State
or federal jurisdiction.
Retention pond shall mean an open basin which intercepts the groundwater table and is used for the
storage and ultimate disposal of stormwater runoff by evaporation and seepage.
Right-of-way shall mean a strip of ground dedicated by the subdivider, or deeded by the owner, for
public use.
Ringelmann Chart shall mean the method of estimating smoke density described in U.S. Bureau of
Mines Information Circular 7718.
Risk Reduction shall mean the lowering or elimination of the level of risk posed to human health or the
environment through interim remedial actions, remedial action, or institutional, and, if applicable, engineering
controls.
Road shall mean any cleared, plowed, bulldozed, filled, graded, excavated or paved area, elevated
boardwalk or roadway used or capable of being used for the passage of vehicles or persons. Roads shall not
mean tracks used or capable of being used solely by off -road vehicles such as airboats, swamp buggies and
all -terrain vehicles.
Rockmining shall mean the dredging or excavation of an area for the purpose of extracting subsurface
materials. Rockmining shall also include ancillary property uses necessary for extracting and processing
subsurface materials.
Rockplowing shall mean the alteration of wetlands by breaking up the limestone surface of a wetland in
preparation for agriculture. Rockplowing may Include the regrading of surface materials into planting beds at
elevations sufficiently high to protect crops from flooding.
Rooming unit shall mean any room or group of rooms, forming a single habitable unit, used or intended
to be used for living and sleeping but not for cooking or eating purposes.
Root ball shall mean a group of roots extending from the base of a tree trunk that must be intact when
relocating a tree in order to promote survival of the tree.
Sanitary nuisance shall mean the commission of any action, by an individual, municipality, organization
or corporation, or the keeping, maintaining, propagation, existence or permission of anything, by an individual,
municipality, organization or corporation, by which the health or life of an individual or the health or life of
individuals, may be threatened or impaired or by which or through which, directly or indirectly, disease may be
caused.
Sanitary sewer shall mean a conduit which is a part of a gravity or pressurized force main system which
receives and transports waste water for treatment and disposal.
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Secondary containment system shall mean an impervious layer of materials which is installed so that
any volume of hazardous materials which may be discharged from an underground storage facility will be
prevented from contacting the environment outside said impervious layer for the period of time necessary to
detect and recover all the discharged hazardous materials. Materials or devices used to provide a secondary
containment system may include concrete, impervious liners, slurry walls, double -walled tanks, double -walled
piping or other devices or materials approved by the Director or the Director's designee.
Seepage shall mean the introduction of water into a subsurface excavation from which the water enters
the groundwater. Said excavation shall not exceed a depth of two (2) feet below the average yearly highest
groundwater elevation described in the Miami -Dade County Public Works Manual as same may be amended
from time to time.
Seepage trench or slab covered trench shall mean a trench cut into a rock strata supporting a
reinforced concrete slab and providing the necessary wall and bottom areas required for exfiltration of
stormwater.
Septic tank shall mean any settling tank in which the settled sludge is in immediate contact with sewage
flowing through the tank thereby allowing the organic solids to be partially decomposed by putrefaction, i.e.,
anaerobic bacterial action.
Sewage lateral connection shall mean the pipe(s) which transmits wastewater from a building,
residence or facility to a publicly or privately -owned or operated gravity sanitary sewer collection system.
Sewage loading shall mean the estimated average amount of waste water generated by the actual and
projected use of a property as a function of the unsubmerged area of said property. Abutting easements and
rights -of -way shall be included to the center lines thereof in calculating the unsubmerged area of the property.
Sewer service area shall mean that portion of a publicly or privately owned or operated sanitary sewer
collection system which contributes sewage flow to a particular primary pump station.
Sewer subsystem shall mean a portion of a publicly or privately owned or operated sanitary sewer
collection system which discharges sewage to a particular key manhole.
Sewer system infiltration shall mean the introduction of groundwater into any publicly or privately owned
or operated gravitysanitary sewer or pump station wet well.
Shredder residue shall mean the predominantly non-metallic solid material including, without limitation,
plastic, broken glass, rubber, foam rubber, soil and fabric, resulting from the shredding of ferrous metals such
as, but not limited to, scrap automobiles and appliances.
Shrub shall mean a self-supporting woody perennial plant of low to medium height characterized by
multiple stems and branches continuous from the base.
Site plan shall mean a drawing having a scale sufficient to provide the .following information: Location of
all proposed or existing buildings, septic tanks, utility easements, fences, walls, parking areas, driveways,
access roads, setbacks, and any other site development.
Site rehabilitation action or SRA shall mean source removal, if applicable, site assessment and, if
required, one or more of the following: risk assessment, monitoring or remediation. These site rehabilitation
actions serve to characterize the nature and extent of contamination and to reduce the levels of contaminants
through applicable treatment methods to comply with the clean-up target levels (CTLs) set forth in this chapter.
Small quantity generator of hazardous waste shall mean any person who brings into existence a
quantity of fifty-five (55) gallons or less of hazardous waste during any one (1) period of three hundred sixty-
five (365) consecutive days. However, within the average day pumpage wellfield protection area of the Miami
Springs Lower Wellfield, Miami Springs Upper Wellfield, Hialeah Wellfield and John E. Preston Wellfield, a
small quantity generator of hazardous waste shall mean any person who brings into existence a quantity of
fifty-five (55) gallons or less of hazardous waste during any one (1) period of one hundred twenty (120)
consecutive days.
Smoke shall mean the solid particles produced by incomplete combustion or organic substances,
Including, but not limited to, particles, fly ash, cinders, tarry matter, soot and carbon.
Solid waste shall mean garbage, rubbish, refuse, trash, yard trash, construction and demolition debris,
or other discarded material, including solids or contained gaseous material resulting from domestic, industrial,
commercial, mining, agricultural, or governmental operations. However, subsurface materials which do not
contain hazardous materials and which are extracted as a result of rockmining are not included in this
definition.
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Source bed shall mean the stratum or strata from which water Is drawn in the well.
Source gas volume shall mean the volume, in standard cubic feet, of all gases leaving a source
operation; and the boundary of a source operation is that point or surface at which the separation of the air
contaminants from the process materials, or the conversion of the process materials into air contaminants, is
essentially complete.
Source operation shall mean the last operation preceding the emission of an air contaminant, which
operation:
(1) Results In the separation of the air contaminant from the process material or in the conversion of
the process materials and air contaminants, as in the case of combustion fuel; and
(2) Is not an air pollution abatement operation.
South Miami Heights Wellfield Complex shall mean the following wellfields: South .Miami Heights,
Roberta Hunter Park, Caribbean Park and Rockpit 77 Park wellfields.
Specimen tree shall mean a tree with any Individual trunk which has a DBH of eighteen (18) inches or
greater, provided, however, that the following trees are not specimen trees:
(1) All trees listed in Section 24-49(4)(f).
(2) Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible
fruit, including, but not limited to, mangos, avocados, or species of citrus.
(3) Non-native species of the genus Ficus.
(4) Ail multitrunk trees in the palm family, except Acoelorrhaphe wrightli and Phoenix reclinata which
have a minimum overall height of fifteen (15) feet.
SRA (see Site rehabilitation action)
Standard conditions shall mean a pressure of fourteen and seven -tenths (14.7) pounds per square inch,
absolute, and a temperature of sixty (60)degrees Fahrenheit. Results of all analyses and tests shall be
calculated or reported at this gas temperature and pressure.
Standard sample is taken to mean that for the bacteriological test it shall consist of:
(1) For the bacteriological fermentation tube test, five (5) standard portions of either:
(a) Ten milliliters (10 ml).
(b) One hundred milliliters (100 m1).
(2) For the membrane filter technique, not less than fifty milliliters (50 ml).
State of Florida Conservation and Recreation Lands Trust Fund shall mean a fund established under
Florida Statutes Chapter 375 (as amended from time to time) for the purposes of purchasing environmentally -
sensitive land.
State -approved plant nursery shall mean a business actively engaged in propagating, growing,
maintaining and selling tree species that has been licensed to conduct such business by the State of Florida or
Miami -Dade County.
Storm sewer shall mean any conduit which is designed to carry stormwater runoff.
Stormwater infrastructure shall mean the structural, nonstructural or natural features of a parcel of land
or watershed which collect, convey, store, absorb, inhibit, treat, use, reuse, or otherwise affect the quantity or
quality of stormwater.
Stormwater management area shall mean that portion of a tract of land which shall be left at natural
grade (unfilled), filled to an elevation no less than four (4) inches above the seasonal high water table, or
excavated below natural grade for the purposes of: managing water which results from •rainfall, storing water in
the Biscayne Aquifer and recharging the Biscayne Aquifer.
Stormwater management program shall mean the same term as defined by Section 403.031(14),
Florida Statutes, as same may be amended from time to time.
Stormwater management system shall mean the same term as defined by Section 403.031(15), Florida
Statutes, as same may be amended from time to time.
Stormwater runoff shall mean the excess rainfall precipitation which runs over the ground surface when
the rate of rainfall precipitation exceeds the rate of infiltration of stormwater into the ground.
Stormwater shall mean the water which results from rainfall.
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Stormwater utility shall mean the same term as defined by Section 403.031(16), Florida Statutes, as
same may be amended from time to time.
Structural controls of stormwater shall mean physical devices used to control stormwater including, but
not limited to, levees, dikes, pump stations, spillways, locks, embankments, roadways, lakes, retention ponds,
and detention ponds.
Substantial reduction in recharge of water to the Biscayne Aquifer shall mean a reduction in natural
infiltration rates or reduction of volume of surface water from a defined area; or transportation of surface
waters off -site to the extent that a site's natural hydrological regimen is changed.
Surcharged gravity sanitary sewer shall mean a condition during which a gravity sanitary sewer
contains sewerage flows above the crown of the pipe.
Test well (see Monitoring well)
Top pruning shall mean the removal of any distal .branches or limbs of a mangrove tree which will result
in the reduction in the overall height of the mangrove tree.
Total hazardous organic materials (THOM) shall mean the sum of all quantifiable concentration values
of organics presumed to be hazardous materials by the designation of the Board of County Commissioners
pursuant to Section 24-5 of the Code of Miami -Dade County, Florida.
Total metals shall mean the sum of the concentration of copper, nickel, total chromium, and zinc.
Total toxic organics (TTO) shall mean the sum of all quantifiable concentration values of those organics
set forth in 40 CFR 413 and 40 CFR 433 of the Code of Federal Regulations, and Xylene.
Transitional Northeast Everglades shall mean the wetlands within the following geographic boundaries:
Beginning at a point on the north right-of-way line of theoretical N.W. 12th Street as it intersects the east
side of the Miami-Dade-Broward levee, thence run northerly along the east side of the Miami-Dade-
Broward levee for approximately 10 miles to its point of intersection with the eastern right-of-way line of
the State Road 997 (Krome Avenue); thence, run northeasterly along the eastern right-of-way line of
said State Road 997 (Krome Avenue); to its intersection with the west right-of-way line of U.S. Highway
27 (Okeechobee Road); thence run southeasterly along said west right-of-way line of U.S. Highway 27
(Okeechobee Road); to its intersection with the western right-of-way line of the Homestead Extension of
Flordia's Turnpike; thence run southerly along said western right-of-way line of the Homestead
Extension of Florida's Turnpike; for approximately 8 miles to theoretical N.W. 12th Street; thence run
westerly along theoretical N.W. 12th Street to the point of beginning.
Beginning at a point on the south right-of-way line of U.S. Highway 41 as it intersects the west right-of-
way line of State Road 997; thence run southerly along the west right-of-way line of State Road 997 for
approximately 4 miles to the southeast corner of Section 25, Township 54 South, Range 38 East;
thence run westerly for approximately 1 mile along the south section line of said Section 25 to its
intersection with the east right-of-way line of Levee 31N; thence run northerly for approximately 4 miles
along the east right-of-way line of Levee 31N to its intersection with the south right-of-way line of U.S.
Highway 41; thence run easterly for approximately 1 mile to the point of beginning.
Transmissivity shall mean the rate at which groundwater is transmitted through a unit width of aquifer
under a unit hydraulic gradient.
Trash shall mean solid waste comprised of yard trash or construction and demolition debris, and shall
include but not be limited to paper, cardboard, cloth, glass, plastics, street sweepings, and vehicle tires.
Travel time shall mean the period of time in days or equivalent distance in feet for groundwater to travel
from one (1) point in an aquifer to another point in the aquifer.
Tree island shall mean a vegetative community located within freshwater wetlands whose dominant
vegetative components consist of native hardwood trees and shrubs.
Tree removal shalt mean directly or indirectly cutting down, destroying, removing or relocating, or
effectively destroying (through damaging, trimming, authorizing or allowing the cutting down, destroying,
removing, moving or damaging of) any tree.
Tree shall mean a woody or fibrous perennial plant with a trunk having a minimum DBH of three (3)
inches or with an overall height of twelve (12) or more feet. Tree shall not include any mangrove tree as
defined in Section 24-5.
Tree survey shall mean a drawing overlaid directly upon the site plan sufficient to provide the following
information;
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(1) The location, plotted by accurate techniques, in relation to all proposed development, of all
existing trees which are proposed to be destroyed, relocated or preserved,
(2) The common and scientific name of each tree,
(3.) The DBH of each tree, or if a multiple trunk tree, the sum DBH for all trunks, and
(4) An estimate of the height of the canopy.
Tree well shall mean a soil retaining structure designed to maintain the existing natural ground elevation
beneath a tree to preserve the tree when the surrounding area is filled to raise the ground elevation. Tree wells
shallhave a minimum radius of three (3) feet from the trunk of the tree and a maximum radius of ten (10) feet
from the trunk of the tree.
Underground storage facility shall mean a tank, pipe, vessel or other container, or any combination of
the foregoing, used or designed to be used for the underground storage or underground transmission of
hazardous materials; including but not limited to line leak detectors, monitoring wells, continuous automatic
leak detection systems and secondary containment system associated therewith, excluding hydraulic lift
systems, excluding sanitary sewers, septic tanks, septic tank drainfields, the primary pipeline transmitting jet
fuel from Port Everglades to Homestead Air Base, and any other primary pipeline transmitting hazardous
materials from one (1) county to another county. Underground storage facilities have ten (10) percent or more
of their total volume below the surface of the ground.
Understory shall mean the complex of woody, fibrous, herbaceous, and graminoid plant species that are
typically associated with a natural forest community.
Unmaintained underground storage facility shall mean an underground storage facility which was not or
is not properly closed or placed out of service in accordance with the rules and regulations of the State of
Florida and Section 24-45(6) of this Code and for which there is neither a valid operating permit issued
pursuant to Section 24-18(2) of this Code nor, a valid registration placard issued by the State of Florida
Department of Environmental Protection.
Unsubmerged land shall mean any land which meets or exceeds the minimum elevation required by
Miami -Dade County flood criteria.
Vacuum assist system shall mean a gasoline or gasohol vapor recovery system that uses a vacuum
generating device to create a vacuum in the vapor return line from the nozzle boot to the underground storage
tank during motor vehicle refueling.
Vapor shall mean any mixed material in a gaseous state which Is deformed from a substance usually a
liquid, by increased temperature.
Vessel shall mean a watercraft, boat, ship, yacht, barge, canoe, or kayak, used or capable of being
used as a means of transportation on water. Vessel shall not mean a floating structure as defined in Section
24-5. Notwithstanding that the floating structure has previously been used as a means of transportation on
water or is capable of being used as a means of transportation on water, vessel shall not mean a floating
structure as defined in Section 24-5.
Vessel tieup space shall mean an area abutting a bulkhead or shoreline where a vessel may be
secured.
Waste discharge shall mean any outfall, ditch, pipe, soakage pit, drainage well, drainfield, or any other
method or device by which treated or untreated sewage, industrial waste, or other wastes can enter the
surface waters, tidal salt water, or groundwaters, so as to cause water pollution as herein defined.
Water dependent use shall mean a use which cannot exist or occur without association with marine,
freshwater or estuarine water masses.
Water pollution shall mean the introduction in, on or upon any surface water or ground water, or tidal.
water, of any organic or inorganic matter or deleterious substances in such quantities, proportions,
accumulations or levels which exceed any of the clean-up target levels (CTLs) set forth in Section 24-44, or
which are injurious to human, plant, animal, fish and other aquatic life, or property, or which unreasonably
interfere with the comfortable enjoyment of life or property, or the conduct of business.
Water system shall mean a system which supplies water for drinking, culinary, fire, industrial,
commercial, or domestic purposes.
Watershed shall mean the same term as defined by Section 403.031(17), Florida Statutes, as same
may be amended from time to time.
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Wellfield complex shall mean two or more wellfields which: a.) provide raw water to the same water
treatment facility or provide raw water to Interconnected water treatment facilities for treatment of raw water
from the same wellfield and, b.) which .wellfields are within the same outer wellfield protection zone.
Wet retention shall mean the •disposal of stormwater runoff to a storage basin having a bottom elevation
lower than one (1) foot below the average October groundwater level as set forth in the Miami -Dade County
Public Works Manual, Part II, Section D4, dated September 1, 1974, as may be amended from time to time.
Wetlands shall mean those areas as defined in Chapter 373, Florida Statutes, as same may be
amended from time .to time.
Work:shall mean any project, activity, or any artificial or man-made alteration of the environment,
including, but not limited to, the construction or maintenance of roads; landclearing; trimming or cutting of a
mangrove tree(s); dredging; filling; construction or placement of structures, floating structures, fixed structures,
facilities or dwellings; excavations; or rockplowing.
Yard trash shall mean solid waste comprised of vegetative matter resulting from landscaping
maintenance or land clearing operations and shall include, but not be limited to, Melaleuca, Australian pine,
Brazilian pepper and other tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and
soils not containing any hazardous materials.
(Ord. No..04-214, §§ 1., 5, 12-2-04; Ord. No. 05-196, § 1., 11-3-06'; Ord. No. 06-125. § 1, 9-12-06; Ord. No. 08-55, § 2, 5-
6-08)
Sec. 24-6.- Director of the Miami -Dade County Department of Environmental Resources
Management —Office created; appointment; term; exempt from classified service and
merit system; compensation; .assistants; operating procedures.
The office and position of Director of the Miami -Dade County Department of Environmental Resources
Management, is hereby created and established. The Director of .the Miami -Dade County Department of
Environmental Resources Management, shall be appointed by and serve at the will of the County Manager.
Such Director shall be chosen by the Manager on the basis of his qualifications and experience in the field of
air and water pollution controls, and the Director shall be a professional engineer registered to practice in the
State of Florida under the provisions of Chapter 471, Florida Statutes, or he shall become registered within
eighteen (18) months after the date of appointment, or he shall have at least a bachelor's degree from an
accredited university in a field which will, in the Manager's judgment, technically qualify him to discharge the
duties imposed by this chapter. The Office of Director of the Miami -Dade County Department of Environmental
Resources Management, shall constitute a position exempted from the classified service of Miami -Dade
County and the State merit system. The salary for such position shall be fixed by the Board of County
Commissioners. The Director shall serve under the administrative jurisdiction of the County Manager and
subject to the direct supervision of the County Manager. The County Manager shall appoint such assistants to
the Director as may be necessary in order that the duties of the Director may be performed properly. The
organization and administrative operating procedures of such County office and its relationship and
coordination with other County departments shall be established and placed in effect, from time to time, by
administrative order of the County Manager, but the Manager shall not have any power to modify the duties
imposed upon the Director by this chapter or the procedures prescribed herein for the performance of such
duties.
(Ord No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)
Sec. 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
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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 theappropriate 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
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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 Directors 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 carryout 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
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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.
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.
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.
(I) 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.
(h)
(i)
(25)
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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 sult 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)
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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)
Sec. 24-8.- Environmental Quality Control Board.
A Miami -Dade County Environmental Quality Control Board is hereby created and established,
consisting of five (5) members appointed by the County Commission.
(1) Qualifications of members. Members of the Board shall be residents of Miami -Dade County who
possess outstanding reputations for civic pride, Interest, integrity, responsibility and business or
professional ability. Appointments shall be made by the Board of County Commissioners on the
basis of experience or interest in the field of air and water pollution. The composition and
representative membership of the Board shall be as follows:
(a) Two (2) members shall be scientists possessing Ph.D. degrees in biology.
(b) One member shall be a scientist possessing a Ph.D. degree in biochemistry.
(c) Two (2) members shall be professional engineers with experience in the field of sanitary
engineering, who may be recommended by the Miami Chapter of the Florida Engineering
Society.
(2) Terms of office. In order that the terms of office of all members of the Board shall not expire at
the same time, the initial appointments to the Board shall be as follows: Two (2) members shall
be appointed for the term of one (1) year, two (2) members shall be appointed for the term of two
(2) years, and one (1) member shall be appointed for the term of three (3) years. Thereafter all
appointments shall be made for the term of three (3) years. Appointments to fill any vacancy on
the Board shall be for the remainder of the unexpired term of office. A member may be removed
with or without cause by the affirmative vote of not less than a majority of the entire County
Commission. Should any member of the Board fail to attend three (3) consecutive meetings
without due cause, the Chairman shall certify the same to the County Commission. Upon such
certification, the member shall be deemed to have been removed and the County Commission
shall fill the vacancy by appointment.
(3) Organization of the Board; quorum; Secretary; compensation of members; meetings; personnel.
The members of the Board shall elect a Chairperson and such other officers as may be deemed
necessary or desirable, who shall serve at the will of the Board. A majority vote of the entire
membership of the Board shall be necessary to take any action. Three (3) members of the Board
shall constitute a quorum necessary to hold a meeting and take any action, except that the
affirmative vote of four (4) members of the Board shall be required to grant;variances and
extensions of time for compliance with the requirements of this chapter for new or existing
facilities, equipment, and processes or classes thereof, within the Northwest Wellfield protection
area or within the West Wellfield Interim protection area. The Director shall be secretary of the
Board and shall be responsible for the custody of all minutes and records of the Board, but shall
not be entitled to vote on any matter before the Board. Members shall serve without
compensation, but shall be reimbursed for necessary expenses incurred in the performance of
their official duties, upon approval by the. Board of County Commissioners. The Chairperson may
call meetings of the Board, and the Board at any meeting may fix and call a meeting on a future
date. Minutes shall be kept of all meetings of the Board. All meetings shall be public. The County
Manager shall provide adequate and competent clerical administrative personnel as may be
reasonably required by the Board for the proper performance of its duties, subject to budget
limitations.
(4) Technical advisory panel. The Board may designate from time to time one (1) or more citizens of
the community to sit as one (1) or more technical advisory panels. The members of such panels
shall be persons technically skilled and qualified to render advice on particular matters of
pollution control then before the Board. The members shall serve at the will of the Board and
shall furnish advice and information of a technical nature to the Board for so long a period •of time
as the Board may request it. All such advice and information given by the panel or any member
thereof shall be in the form of testimony before the Board at a regularly scheduled meeting and
subject to cross examination by any interested party. The members of the panels shall not be
deemed County officers or employees within the purview of Sections.2-10.2, 2-11.1, or
otherwise.
(5) Duties and powers of the Environmental Quality Control Board. The Environmental Quality
Control Board shall have the following duties, functions, powers and responsibilities:
(a) To hear appeals by any person aggrieved by any action or decision of the Director as
provided in Section.24-11.
(b) To hear and pass upon all applications for variances and extensions of time in the manner
provided by Sections 24-13 and 24-14, except for compliance with Federal Pretreatment
Regulations set forth in 40 CFR 403 as incorporated in this chapter.
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(c) To hear and pass upon all applications for extension of time for compliance with the
provisions of this chapter. All such applications shall be filed in accordance with the
provisions of this chapter and shall be heard and considered by the Environmental Quality
Control Board at a public hearing pursuant to notice. In considering such applications, the
Board shall take into account such factors as practicability, availability of equipment, and
relative benefits to the community. The Board shall not have the power and authority to
grant any application for extension of time to comply with the prohibitions against open
burning (Section 24-41.4), or the prohibitions against reduction of animal matter (Section
24-41.8), or the prohibitions against a nuisance (Section 24-27), or the prohibitions against
the discharge of cyanides or other toxic chemicals into the waters in excess of the
standards set forth in Section 24-42(3). Applications for extension of time for compliance
shall be considered on the basis of public interest and not merely on economic benefit to
the applicant; applications shall be granted only when it is established that the requested
extension of time for compliance will not be detrimental to the public health, welfare and
safety, and wit not create or permit the continuation of a nuisance, or that no technically
feasible, economically reasonable means of compliance are readily available to the
applicant. The Board shall not have the power and authority to grant extensions of time for
compliance with the Federal Pretreatment Regulations set forth in 40 CFR 403 as
incorporated in this chapter. Any person aggrieved by any decision of the Environmental
Quality Control Board shall be entitled to judicial review in accordance with the Florida
Rules of Appellate Procedure.
(d) To hear and pass upon all applications pursuant to Section 24-15 for approval of interim
package sewage treatment plants. In considering such applications the Board shall take
intoaccount such factors as the public interest, compliance with the technical
requirements of this chapter, factors of practicability and availability of equipment,
alternative methods of sewage disposal and the likelihood of creating a present or future
nuisance. If the Board approves such application it shall direct the Director to issue the
Director's approval subject to any reasonable conditions that the Board finds to be in the
public interest. Provided, however, that no action on the application shall be taken by the
Board until a public hearing has been held upon at least ten (10) days notice of the time
and place of such hearing published in a newspaper of general circulation in Miami -Dade
County.
(e) To provide additional notice to the public, property that may be affected by the application
shall be posted in a manner as shall provide notice of the purpose, time and place of such
hearing. Failure to post such property shall not affect any action taken by the Board.
Provided, however, that the Board may, upon application of any city or any governmental
water and sewer authority existing on the effective date of this subsection and chartered
pursuant to State law, waive the requirement for a public hearing on interim package
sewage treatment plant applications where such proposed plant is to be located within a
city that requires by law a public hearing before granting approval of such a plant where
such applications are considered under standards equal to or stricter than those provided
by Chapter 24 of the Code of Miami -Dade County, as amended from time to time.
(f) To hear and pass upon applications by private and/or public water or sewer utilities for a
statement of approved water quality or approvedsewage service filed pursuant to the
requirements of Section 24-15 of the Code.
(g) To issue subpoena to compel the presence of a witness or documents at any hearing
authorized above, such subpoenas to be issued by the Chairman of the Board and
enforced pursuant to the provisions of Section 24-9 of this chapter.
(h) To review decisions of the Miami -Dade County Fire Department or other Fire Department
having jurisdiction, pursuant to Section 2-103.23 of the Code.
(1) The powers enumerated in this section shall be an addition to and not a limitation of any
other power specifically granted to the Environmental Quality Control .Board by any other
provision of this chapter.
(Ord, No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)
Sec. 24-9.- Contempt powers.
The Board is empowered and authorized to hold any individual, corporation, or public utility which
refuses to obey any legal order, mandate, decree or instruction issued by the Board during any proceeding
before the Board, in contempt of the Board. The Board, through two-thirds of those members who are present,
may fine any individual, corporation, or public utility which is in contempt of the Board a sum of up to one
hundred dollars ($100.00) for each contemptuous act, payable to the Miami -Dade County Finance Director
within fifteen (15) days of the Board's ruling.
(Ord..No. .04-214, §§ 1, 5, 12-2-04)
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Sec. 24-10.- Issuance of stop orders; .injunctions; standards of service.
Whenever any public utility as herein defined engages or is about to engage in the construction,
operation or extension of a water system or sewer system in violation of the provisions of this chapter, the
Director, on the Director's own initiative or upon complaint, shall forthwith make such preliminary investigation
as he may deem appropriate and may, either with or without notice, enter an order requiring such public utility
to cease and desist from such construction, operation or extension until further order of the Board. A public
hearing on such violation shall be held by the Board within thirty (30) days after the entry of the order to cease
and desist. Reasonable written notice of the public hearing shall be given by mail to the public utility involved.
Within fifteen (15) days after the hearing the Board shall enter an order either requiring the permanent
cessation of construction, operation or extension, or authorizing continuation thereof under such terms and
conditions as may be commensurate with the public interest and welfare. Any failure to comply with the stop
orders of the Board may be enjoined and restrained by injunctive order of the Circuit Court in appropriate
proceedings instituted for such purpose.
The Environmental Quality Control Board shall have the power, and it shall be its duty, to establish
reasonable standards of service for each class of public utilities as defined in Section 32-4(c) of the Code, after
notice and publichearing, and thereafter to enforce such standards. In performing this duty, the Board shall
exercise its powers to conduct investigations and inspections, to make examinations and tests, to prescribe
standards of measurement for testing the quality, pressure, or other conditions pertaining to the supply or
quality of the product furnished or adequacy of the service rendered by any such utility, and to fix fees for the
examination and testing of meters and other measuring devices, as provided by law in establishing the general
regulatory powers of the Board, and as directed herein. Standards previously adopted by the Water and Sewer
Board pursuant to Section 32-51 remain in full force and effect under the jurisdiction of the Environmental
Quality Control Board until modified as provided above.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, §.2, 5-6-08)
Sec. 24-11.- Appeals from actions or decision of the Director of the Miami -Dade County
Department of Environmental Resources Management.
Any person aggrieved by any action or decision of the Director, may appeal to the Environmental
Quality Control Board by filing within fifteen (15) days after the date of the action or decision complained of, a
written notice of appeal which shall set forth concisely the action or decision appealed from and the reasons or
grounds for the appeal. The Environmental Quality Control Board shall set such appeal for hearing at the
earliest possible date, and cause notice thereof to be served upon the appellant and the Director. The
Environmental Quality Control Board shall hear and consider all facts material to the appeal, and render a
decision promptly. The Environmental Quality Control Board may affirm, reverse or modify the action or
decision appealed from provided that the Environmental Quality Control Board shall not take any action which
conflicts with or nullifies any of the provisions of this chapter. The decision of the Environmental Quality
Control Board shall constitute final administrative review and no hearing or reconsideration shall be
considered. Any person aggrieved by any decision of the Environmental Quality Control Board on an appeal
shall be entitled to judicial review in accordance with the Florida Rules of Appellate Procedure. The words
"action" and "decision" as used herein shall not include the filing of any action by the Director, in any court.
The Board shall not have jurisdiction to reconsider the subject matter of any appeal after its final administrative
determination for a period of six (6) months from the date of the Board's final action, unless the Board
determines that there has been a material and substantial change in the circumstances; provided, however,
any action taken or decision made by the Director at any time may be reconsidered by the Director and the
Director may therefore modify any such action or decision.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)
Sec. 24-12.- Variances and extensions of time for compliance.
(1)
The Environmental Quality Control Board shall have the power and authority to grant or extend from
time to time variances and extensions of time for compliance with the requirements of this chapter to
new or existing facilities, equipment and processes. Such variances or extensions may be granted to
specific facilities, equipment or processes or to a class. The Environmental Quality Control Board may
grant such variances or extensions only if it is affirmatively established by competent factual data and
information that strict compliance with the requirements of this chapter is impossible or inappropriate
because of conditions beyond the control of the person or persons involved, or that strict compliance
would result in substantial curtailment or closing down of a plant, project or operation which would be
detrimental to the public interest, or that the particular operation is essential for the public health or the
national security, or that no technically feasible, economically reasonable means of compliance are
available to the person or persons involved, or that the variance or extension will not be detrimental to
the public health, welfare and safety and will not create a nuisance and will not materially increase the
level of pollution in this County, or that a more unhealthy condition will occur if a variance or extension is
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not granted. Variances and extensions of time shall be considered and acted upon in accordance with
the provisions of Section 24-4, Section 24-12, Section 24-13 and the provisions of Section 24-8(5)(b).
(2) The above provisions for obtaining a variance shall not apply to applications for variances from the
regulations of Section 24-49, which are provided for as follows. Any person desiring to do tree or
understory removal work which is not in accordance with the regulations of Section 24-49 may apply to
the Environmental Quality Control Board for a variance from such regulations in accordance with the
provisions of Section 24-13. The Environmental Quality Control Board shall have the power and
authority to grant such variances on a case -by -case basis only where it is affirmatively established by
competent factual data and information that a literal application or enforcement of the regulations would
result in unnecessary hardship (other than economical) and the relief granted would not be contrary to
the public interest but will do substantial justice.
(3) The board shall not have the power and authority to grant variances and extensions of time to comply
with the Federal Pretreatment Regulations set forth in 40 CFR 403 as incorporated in this chapter.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)
Sec. 24-13.- Procedure governing variances and extensions of time.
Applications for variances or extensions of time for compliance with this chapter shall be filed with the
Director in substantially the form prescribed therefor. The Director shall make written recommendations
concerning such applications and promptly file the records with the Environmental Quality Control Board. Upon
request by any applicant for a variance from the regulations of Section 24-49, the Tree and Forest Resources
Advisory Committee shall also make written recommendations concerning such applications and promptly file
the recommendations with the Environmental Quality Control Board. The Director may initiate and file with the
Board an application for variance or extension. Upon receipt of an application and the recommendations of the
Director and upon receipt of the recommendations of the Tree and Forest Resources Advisory Committee,
where applicable, the Board shall promptly hold a public hearing upon the application, after publication of
notice of the hearing. All interested persons shall be entitled to be heard before the Board. The Board shall
promptly hear and pass upon all such applications., and shall set forth the grounds and reasons for granting or
denying the application. Any person aggrieved by any decision of the Environmental Quality Control Board .
shall be entitled to judicial review in accordance with the Florida Rules of Appellate Procedure. The Board shall
prescribe rules of procedure governingapplications for variances or extensions of time, which shall conform to
and be commensurate with the applicable and controlling provisions of this chapter. For purposes of this
section, the County Manager may constitutea person aggrieved whenever the Environmental Quality Control
Board renders a decision adverse to the recommendation of the Director.
(Ord. No, 04-214, §§ 1, 5, 12-2-04; Ord, No. 08-55, § 2, 5-6-08)
Sec. 24-14.- Statements of approved water or sewer service; Emergency water and/or
sewer rate requests.
(1) Any public utility holding a valid certificate pursuant to Sections 32-33 and 32-39 of the Code that
desires to apply for a change of rate or to change any rule or regulation as provided by Section 32-64
shall file with the Board or the Department a request for a statement of approved water quality or
approved sewage service.
(2) The Department shall within ten (10) days from the date of such request set a hearing date for
consideration by the Board of such request in all cases not exempted under subsection (3), below.
(3) A municipal public utility is exempted from the herein described public hearing process before the Board
if both of the following conditions are met:
(a) The utility holds a valid County operating permit pursuant to Section 24-18, and
(b) Not more than twenty (20) percent of the utility's gross revenues are generated from customers
located outside of the municipality.
If the utility obtains an exemption by having met the above two (2) conditions, said utility must obtain a
statement of approval from the Department.
(4) In determining whether or not a public utility is entitled to a statement of approved water quality or
approved sewer service, the Board shall consider the water and effluent quality requirements of Chapter
24 and other evidence including public comments regarding the overall quality of service. If the Board
finds that the utility has provided reasonable and satisfactory water quality and sewage service to the
public, it shall issue its statement of approved water quality or approved sewage service which shall be
valid for one (1) year from the date of Issuance. The validity of the statement may be extended by the
Board for a period not to exceed six (6) months beyond the original expiration date. Such a statement
shall also indicate "excellent," "good" or "fair" quality of service depending on which, in the opinion of
the Board, is most appropriate.
(5) The public utility shall send a written notice to each customer informing:
(a) That the utility plans to file for a rate increase;
(b) The date, time and place of public hearing as set by the Department;
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(c) The name, address and phone number of the Department; and
(d) The name, address and phone number of the consumer advocate.
The notice shall be reviewed and approved by the Department and shall be mailed at least twenty (20) days
prior to the hearing. In the event that the hearing on the matter is continued, mailed notices of the continuation
may be disposed with by the Board.
(6) The Board may issue a conditional certificate pursuant to this section if it determines that certain
improvements of sald water and/or sewer utility are necessary or desirable to increase the quality of
service provided to the consumers, and said conditions and improvements shall be specifically set out
within said Board order granting the conditional certificate. In no event, however, shall the Water and
Sewer Board grant any rate increase to said utility without requiring that the amounts collected from
such rate increase be placed in escrow account under Water and Sewer Board control and not released
until the conditions set forth in said conditional approval have been complied with .by the utility.
However, the Board or the Department may not issue its approval of the water or sewer service
provided by a water and/or sewer utility if it does not meet the minimum requirements of Chapter 24.
(7) Notwithstanding the requirements of this Section the Board may grant a qualified statement of approval
of water or sewer service which shall be sufficient to permit the utility to apply to the Water and Sewer
Board for an emergency rate increase solely for the purpose of permitting immediate repairs and
improvements necessary to bring water or sewer service and quality to .minimum standards. Said
qualified approval will authorize the filing of an application for a change in rates as required by Section
32-64 of the Code, but qualified approvals received pursuant to this section will only support a
temporary rate increase for such time as is necessary to finance the approved or authorized
improvements required to achieve minimum water and/or sewage service quality, as noted above. In no
event, however, shall the rate increase be imposed in excess of the life expectancy of the particular
improvement or improvements so constructed. In addition, any rate increase granted pursuant to a
statement issued under this section shall be used solely and exclusively by the utility for the purpose of
improving its water or sewer service to the minimum standards required under the Miami -Dade County
Code. Said repairs and improvements shall be specifically set out within said order granting the
qualified statement of approval. Any approved rate increase pursuant to this section shall terminate
when sufficient funds to finance the repairs and improvements have been collected from the rate
increase. Statements of qualified approval may be granted by the Board only when the Board finds that:
(a) Water service and/or sewage service is below minimum acceptable standards either as to the
quality of water and/or sewage treatment or the quality of service for same.
(b) That an emergency exists as to the quality of water or water service available to the public or
quality of sewage treatment or sewer service available to the public.
(c) That a temporary rate increase may be required to remedy the Immediate problem of inadequate
quality or service or treatment.
(d) That no other reasonable adequate means exists for improving the quality of service or the
quality of water and/or sewage treatment.
The provisions of this Section requiring notice of hearing shall also be required for any utility applying under
this emergency section.
(Ord. No. 04-214, §§ 1, .5, 12-2-04; Ord. No. 08-55, § 2, 5-5-08)
Sec. 24-15.- Plan approval required.
(1) Intent, It is the Intent and purpose of this section to require that all new facilities, equipment and
processes constructed or operated after the effective date of this chapter shall comply with the
requirements herein contained, and that any major or substantial enlargement, expansion or addition to
existing facilities also shall comply with the requirements herein contained. Any building permit issued
by the County or a municipality in violation of the provisions of this chapter is hereby determined to be
void.
(2) Waste water facilities. It shall be unlawful for any person to enter into or let a contract for or to
commence the installation, extension, or operation of any sewerage system or waste treatment facility
or any industrial waste disposal facility without first obtaining the prior written approval of the Director or
the Director's designee. It shall be unlawful for any person to make any enlargement, alteration or
addition to any facility, or commence the construction of any facility, that will reasonably be expected to
be a source of water pollution without first obtaining the prior written approval of the Director or the
Director's designee. No building permit involving the generation or discharge of effluents shall be issued
by the County or any municipality unless the application for a building permit has been approved by the
Director or the Director's designee.
The provisions of this section shall not apply to facilities discharging only domestic wastes to a public
sewer system approved by the Director or the Director's designee. Notwithstanding the foregoing, the
provisions of this section shall apply to facilities discharging only domestic wastes to a public sewer system
approved by the Directoror the Director's designee if the facilities provide any form of pretreatment in
conjunction with a grease trap.
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Provided thatafter January 25, 1974, the Director shall not approve an application for an interim
package sewage treatment plant unless directed to do so by the Environmental Quality Control Board after a
public hearing pursuant to notice.
For the purpose of this subsection, an interim package sewage treatment plant shall include all
domestic waste water treatment facilities that are not included in the regional treatment system as described in
the approved 1973 Water Quality Management Plan.
(3) Air facilities. It shall be unlawful for any person to make any major or substantial alteration, enlargement
or addition to any existing facility, equipment or operation, or to commence the construction or operation
of any new facility, that may be a source of air pollution as herein defined, without first obtaining the
prior written approval of the plans, equipment or processes thereof by the Director or the Director's
designee. No building permit shall be issued by the County or any municipality unless the application
therefor or the plans for construction of the proposed facility have been approved by the Director or the
Director's designee. The provisions of this chapter shall not apply to individual family dwellings or
multiple -family dwellings of not more than four (4) units in respect to heating equipment or comfort.
space heating.
(4) Potable water facilities. It shall be unlawfulfor any person to enter into or let a contract for or to
commence the installation, extension, alteration or operation of any public water supply facility without
first obtaining the prior written approval of the Director. No building permit involving a demand on a
public water supply shall be issued by the County or any municipality unless the application for a
building permit or plans for construction thereof have been approved by the Director or the Director's
designee.
(5) Aboveground storage facilities. It shall be unlawful for any person to install, repair, modify, expand,
replace or permit, cause, allow, let or suffer the installation, repair, modification, expansion or
replacement of any aboveground storage facility, without first obtaining the prior written approval of the
Director or the Director's designee. No building permit shall be issued by the County or any municipality
unless the application therefor or the plans for construction of the proposed aboveground storage facility
show the approval of the Director or the Director's designee.
(6) Underground storage facilities. It shall be unlawful for any person to install, repair, modify, expand,
replace or permit, cause, allow, let or suffer the installation, repair, modification, expansion or
replacement of any underground storage facility, without first obtaining the prior written approval of the
Director or the Director's designee. No building permit shall be issued by the County or any municipality
unless the application or the plans for construction of the proposed underground storage facility have
been approved in writing by the Director or the Director's designee. The Director, or the Director's
designee, shall issue such written approval only upon receipt of formal engineering plans, which are
signed and sealed by a professional engineer registered in the State of Florida and which plans detail
that the underground storage facilities specified in said plans shall be constructed in compliance with
the requirements of this Chapter, Chapter 62-761 of the Florida Administrative Code and the referenced
standards contained therein. After receipt of written approval from the Director, or the Director's
designee, the owner or operator.of the underground storage facility shall notify the Department a
minimum of two (2) working days prior to the commencement of installation, repair, modification,
expansion or replacement of any underground storage facility. The installation, repair, modification,
expansion or replacement shall be subject to inspection by the Department to determine compliance
with the approved plans and applicable laws and ordinances.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 05-196, § 2, 11-3-05; Ord. No. 08-55, § 2, 5-6-08)
Sec. 24-15.1 Procedure for approval of :plans.
(1) APPLICATION FOR APPROVAL. Application for approval of plans required hereunder shall be made
on forms prescribed for such purpose and filed with the Director. Such application shall be signed by the
person seeking to install, extend or alter the facility involved or a duly authorized representative vested
with lawful power to bind the applicant. Upon receipt of such application and supporting data, the
Director shall review all data and render a decision on the acceptability of the facility.
(2) REQUIRED INFORMATION. Each such application shall be accompanied by the following data and
information:
(a) Report of engineer. A comprehensive engineer's report describing the project, the basis of design
including design data, and all other pertinent data necessary to give an accurate understanding
of the work to be undertaken and the reason therefor. Such report shall contain a certificate of a
registered engineer certifying that in the professional opinion of such registered engineer the
facility or project will fully comply with the requirements of this chapter and the rules and
regulations promulgated hereunder, and will not cause or tend to cause any pollution as herein
defined.
(b) Blueprints. Blueprints or white prints of the drawings of the work to be done in sufficient detail
necessary to make it clear to the contractor constructing the facility or project exactly what work
is to be accomplished.
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(c) Specifications. Complete specifications in sufficient detail necessary to supplement the drawings
and specify the work and the methods by which it is to be accomplished.
(d) Processes. A description of all processes proposed to be utilized in connection with the operation
of the facility•or project sufficient to indicate whether or not such processes will reasonably
comply with the requirements of this chapter.
(e) Additional data. Such additional data and information as may be reasonably required by the
Director or the Director's designee, including, but not limited to, Baseline Monitoring Reports,
Compliance Reports, or any report required for compliance pursuant to the Federal Pretreatment
Regulations.
(Ord. No. 04-214, ;§§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5.6-08)
Sec. 24-15.2.- Registered engineer required.
The drawings, specifications and other data submitted with the application filed hereunder shall be
prepared by a competent professional engineer or engineers registered under the provision of Chapter 471,
Florida Statutes. The plans and other data required to be submitted with the application shall have affixed
thereto the names and certificate and registration number of the engineer preparing the same. The Director
shall not accept or receive any application that does not comply with the requirements of this section.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6.08)
Sec. 24-15.3.- Standards for preparation of plans.
(1) Waste treatment works shall be designed in accordance with the sewerage guide promulgated by the
Florida State Board of Health, or similar professional publication, recommended standards for sewage
works and water pollution control federation manuals of practice numbered eight (8) and nine (9), as
applicable to conditions prevailing within Miami -Dade County, and in accordance with good engineering
practices.
(2) Outfalls shall be extended or carried to the channel of a stream or to deep water where outlet is
submerged .at all times. The extent and length of the outfall shall conform to the requirements of the
Director or the Director's designee. No outfall shall be approved unless satisfactory evidence is
presented to establish that solids or other objectionable pollutants will not be deposited on the shore,
and that other forms of pollution will not be caused.
(3) Grease traps shall be provided and installed in accordance with the rules and regulations promulgated
under the provisions of this chapter. At a minimum, all grease traps discharging to publicly or privately -
owned or operated sanitary sewer collection systems shall be provided with a sampling point on the
effluent discharge side of the grease trap. Wastes containing sizable quantities of greasesuch as those
produced by restaurants shall not be deemed suitable for disposal into tile drainfields.
(4) Drainage or disposal wells shall not be used for disposal of treated or untreated wastes except as
approved by the Director or the Director's designee.
(5) Air pollution facilities designed to control the emission of air contaminants to the atmosphere in
accordance with the provisions of this chapter shall be designed in accordance with good engineering
practice taking into consideration the meteorological conditionsprevailing within this County. Such
facilities shall comply with the requirements of this chapter and rules and regulations promulgated under
and pursuant to the provisions of this chapter.
(6) Approval of plans for potable water supply facilities shall be dependent, in part, upon:
(a) Owner's program for protective measures to protect and prevent development of health hazards
to the water supply.
(b) Protective measures for water quality throughout all parts of the system by frequent surveys,
proper operation by personnel certified by the State of Florida.
(c) Adequate system capacity to meet peak demands without development of low pressures or other
health hazards.
(d) Records of laboratory examinations showing consistent compliance with the water quality
requirements of this chapter.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)
Sec. 24-15.4.- Technical Reports/Professional °Engineer/Professional Geologist
required.
All applicable portions of the technical plans, reports, proposals or studies required as set forth in
Section 24-44(2) shall be signed and sealed by a licensed professional engineer registered in the State of
Florida or licensed professional geologist registered in the State of Florida.
(Ord. No. 04-214, §§ 1, 5, 12-2-04)
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Sec. 24-16.- Construction of waste water facility or aft pollution abatement facility, or
potable water facility.
(1) After approval of an application, the person causing the installation or construction of the project or
facility shall furnish the Director or the Director's designee with monthly reports of a registered engineer
certifying that the work to date has been accomplished in strict compliance with the approved plans,
drawings and specifications and that there has been no majoror substantial deviation therefrom. If
during construction, changes are proposed which would materially alter the quality characteristics of the
effluent of a waste water facility, or which would materially alter the emission of air pollutants of an air
pollution abatement facility or would materially alter the quality characteristics of the effluent of a potable
water facility, then plans and specifications for such changes prepared by a registered engineer shall be
submitted to the Director or the Director's designee for approval before making such changes. The
Director shall have the right at any reasonable time to enter upon the project for the purpose of making
inspections of the work, and may require reports and additional information at any stage of construction.
(2) It shall be unlawful for any person causing the installation or construction of the project or facility to
deviate from the conditions of the approval of the Director or the Director's designee without the prior
written approval of the Director or the Director's designee.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord, No. 08-55, § 2, 5-6-08)
Sec. 24-17.- Certificate of occupancy.
No certificate of occupancy shall be issued by the County or any municipality for any facility or project
subject to the provisions of this chapter, and no such facility or project shall commence operations., until the
Director or the Director's designee certifies that the work has been completed in strict compliance with the
approved plans and specifications, and that there is good cause to believe that the facility or project will
operate in accordance with the provisions of this chapter and an operating permit has been obtained from the
Director.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord, No. 08-55, § 2, 5-6-08)
1 Sec. 24-18.- Operating permits.
(A)
Permit Required No person shall operate, maintain or permit, cause, allow, let or suffer the operation or
maintenance of a public water system, public sewerage system, location at which a site rehabilitation
action has been completed in accordance with the provisions set forth in Section 24-44(2)(k)(ii) or any
of the following facilities, all of which will reasonably be expected to be a source of air pollution, ground
pollution or water pollution, without a valid operating permit issued by the Director or the Director's
designee or in violation of any condition, limitation or restriction which is part of an operating permit:
(1) Interim package sewage treatment plants;
(2) Interim package water treatment plants;
(3) Private sewage pumping station;
(4) Facilities which generate, dispose of, store, use, discharge, handle or reclaim any liquid waste
other than domestic sewage, any hazardous waste or any hazardous material (except factory
prepackaged products intended primarily for domestic use or consumption.), including, but not
limited to, the following:
(a) Industrial and agricultural waste reclaim systems; waste or product holding tanks; or waste
or product spill prevention control systems;
(b) Industrial and agricultural waste pretreatment facilities;
(c) Industrial and agricultural waste treatment facilities;
(d) The following industrial and agricultural liquid waste facilities:
(i) Aircraft, vehicle, construction equipment, and boat mechanical maintenance or
repair facilities including, but not limited to, engine and electric motor maintenance
and repair, and facilities which perform maintenance or repair of any component
parts of aircraft, vehicles, boats, or construction equipment;
(fi) Chemical manufacturing, packaging, repackaging, storage, or distribution facilities;
(ill) Pest control facilities;
(iv) Photographic processing facilities or laboratories;
(v) Printing facilities;
(vi) Paint manufacturing, distribution, and product testing; paint research laboratory
facilities;
(vii) Battery manufacturing; battery reclaiming facilities; battery refurbishing facilities;
(vili) Hospitals;
(ix) Medical, research or chemical laboratories;
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(x) Animal hospitals; animal clinics, and animal grooming facilities;
(xi) Plastics manufacturing facilities;
(xii) Anodizing facilities;
(xiii) Silk screening and silk printing facilities;
(xiv) Junk yards;
(xv) Jewelry manufacturing and repair facilities;
(xvi) Machine shops;
(xvii) Construction contractor's facilities handling hazardous materials;
(xviii) Funeral homes;
(xix) Agricultural field packing facilities;
(xx) Stationary agricultural packinghouses;
(xxi) Aerial pesticide applicators (crop -dusters);
(xxii) Dry.cleaning facilities;
(xxiii) Textile dyeing facilities;
(xxiv) Vehicle paint and body shops;
(xxv) Metal recycling facilities;
(5) Notwithstanding any provision of this Code, nonresidential land uses which are served or will be
served by a liquid waste storage, disposal or treatment method or those nonresidential land uses
which use, generate, handle, dispose of, discharge or store hazardous materials, on any portion
of the property within the Northwest Wellfield protection area or within the West Wellfield Interim
protection area;
(6) Notwithstanding any provision of this Code, nonresidential land uses which are served or will be
served by any liquid waste storage, disposal or treatment method (other than public sanitary
sewers) or those nonresidential land uses which use, generate, handle, dispose of, discharge or
store hazardous materials, on any portion of the property within the maximum day pumpage
wellfield protection area of the Alexander Orr Wellfield, Snapper Creek Wellfield, Southwest
Wellfield, Miami Springs Lower Wellfield, Miami Springs Upper Wellfield, John E. Preston
Wellfield, Hialeah Wellfield or within the outer protection zone of the South Miami Heights
Wellfield Complex;
(7) Resource recovery and management facilities;
(8) Facilities that will reasonably be expected to be a source of air pollution; provided, however, the
operation of heating equipment or comfort space heating within individual facility dwellings or
multiple family dwellings of not more than four (4) units is exempt from the requirement of
obtaining a permit pursuant to this section;
(9) All commercial boat docking facilities. Operating permits shall be required for all such facilities no
later than May 17, 1990;
(10) All boat storage facilities contiguous to the tidal waters of Miami -Dade County with a total of .ten
(10) or more dry storage spaces. Operating permits shall be required for all such facilities no later
than May 17, 1990;
(11) All recreational boat docking facilities with a total often (10) or more boat slips, moorings, davit
spaces, and vessel tieup spaces. Operating permits shall be required for all such facilities no
later than May 17, 1990;
(12) Underground storage facilities;
(13) Aboveground storage facilities;
(14) Loading facilities;
(15) Balanced systems utilized by motor vehicle fuel service stations;
(16) Vacuum assist systems utilized by motor vehicle fuel service stations;
(17) Any facility which sells or distributes or which offers to sell or distribute any refrigerant or which
recharges or causes, lets, allows, permits, or suffers the recharging of refrigerant into any
refrigeration system;
(18) Any nonresidential facility, including, but not limited to, restaurants, bakeries, hotel and cafeteria
kitchens, processing plants or such other nonresidential facilities discharging into a publicly or
privately -owned or operated sanitary sewer collection system, if oil and grease can be introduced
into a sewer by such nonresidential facility In quantities which have the potential to affect or
hinder the operation of sewage collecting, transmission or treatment facilities.
(19) Privately owned or operated sanitary sewer collection systems, except sanitary sewers which are
less than six (6) inches in diameter.
(20) Locations at which a site rehabilitation action has been completed in accordance with the
provisions set forth in Section 24-44 (2)(k)(ii).
The criterion for issuance of an operating permit pursuant to this section is compliance with Chapter 24, Miami -
Dade County Code. Additionally, no resource recovery and management facility permit shall be granted
without the written recommendation of approval of the Director of the Department of Solid Waste Management
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issued pursuant to the provisions of Chapter 15, Miami -Dade County Code. At the discretion of the Director or
the Director's designee, conditions, limitations or restrictions may be required as part of the operating permit if
said conditions, limitations and restrictions are consistent with the requirements of this chapter.
The Director or the Director's designee may deny the issuance of an operating permit if the public water
system, public sewerage system or pollution source does not comply with the provisions of this chapter,
The Director or the Director's designee may suspend or revoke an operating permit if the public water system,
public sewerage system or pollution source does not comply with the provisions of this chapter.
Such operating permits shall not be required for the aforesaid facilities, systems, and plants existing on the
effective date of this section until one hundred twenty (120) days from the effective date of this section.
This section shall not be immediately applicable to air pollution sources with valid air pollution control operating
permits on the effective date of this section. However, said air pollution sources shall comply with this section
by obtaining the operating permit required by this section no later than one hundred eighty (180) days from the
effective date of this section.
Notwithstanding anything in this chapter to the contrary, such operating permits shall not be required for
underground storage facilities until ninety (90) days from the effective date of this paragraph.
All applications for permits issued pursuant to this section shall be on a form prescribed by the Director and
accompanied by a fee which shall be established by administrative order of the County Manager and approved
by the Board of County Commissioners.
(B) Disposition of Fees The permit fee payable hereunder shall be deposited in a separate County fund and
shall be used exclusively by the Department to pay for the costs of the following environmental services
to, and environmental regulation of, the aforesaid facilities, systems and plants:
(1) Monitoring and evaluating purification and disposal systems of said sources.
(2) Responding to and attempting to resolve citizen complaints against said sources.
(3) Investigation, preparation, and prosecution of enforcement actions, pursuant to Chapter 24 of
this Code, to protect the groundwater, surface water, drinking water, and air quality.
(4) Ambient monitoring of groundwater, surface water, and air quality.
(5) Special studies of groundwater, drinking water, surface water, and air quality when deemed
necessary by the Director to protect the groundwater, surface water, drinking water, and air
quality.
(6) Air quality and water supply protection, planning, and programming.
(7) Laboratory analyses of groundwater, surface water, drinking water, waste water., ambient air, air
emissions, and other effluents affecting air or water quality.
(8) Restoration of the air, water, property, animal life, aquatic life, and plant life to their condition
prior to any violation of this chapter.
(9) Prevention of any imminent threat of any violation of this chapter.
No part of said fund shall be used for purposes other than the aforesaid.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord, No. 06-125, §.2, 9-12-06; Ord. No. 08-55, § 2, 5-6-08)
Sec. 24-19.- Operation of facility; competent supervision.
(1) The owners or operators of each facility or project installed or constructed under the provisions of this
chapter shall provide competent and responsible personnel for the operation thereof in order that the
requirements of this chapter shall be observed and complied with in respect to the operation of such
facility or project. Competent personnel shall be construed to mean a person or persons who have
experience or knowledge concerning the proper operation of the particular. facility involved, and a
knowledge of the basic scientific principles relating to the proper operation of waste treatment plants
and collection systems, or a knowledge of the basic scientific principles relating to the proper operation
of facilities causing emissions of air contaminants from incineration, salvage, heat transfer, general
combustion, or other operations of a similar nature, as the case may be. The names and qualifications
of the supervisory personnel responsible for the proper operation of such facilities shall be furnished to
the Director or the Director's designee upon request.
(2) All sewage treatment plants shall be operated under the direct supervision of a qualified sewage
treatment plant operator who must hold a minimum of a class "C" operator's license issued by the State
of Florida and/or any higher level of certification as required by the State of Florida Department of
Environmental Protection. All operation reports submitted pursuant to this chapter shall be signed by the
licensed operator, which signature shall be a verification by said operator of the authenticity of said
report.
(3) All potable water treatment plants shall be operated under the direct supervision of a qualified water
treatment plant operator who must hold a minimum of a class "C" operator's license issued by the State
of Florida. In addition, all public water supplies which provide adequate protection by treatment for an
effluent which exceeds ten (10) MGD shall be operated under the direct supervision of a qualified water
treatment plant operator who must hold a minimum of a class "A" operator's license issued by the State
of Florida. All operation reports submitted pursuant to this chapter shall be signed by the licensed
operator, which signature shall be a verification by said operator of the authenticity of said report.
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(Ord. No, 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)
Sec. 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 suchreport 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 thissubsection
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 which involve (i) the loss of human life, limb, or property due to
natural calamitous occurrences such as, but not limited to, hurricanes, tornadoes, fires, floods, or
high winds, and (ii) the breaks of dams or levees. 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 outlining the details of the emergency and the steps taken for its temporary relief.
The report shall be a written description of all of the work performed involving dredge and fill
activities and shall set forth any pollution measures which were utilized or are being utilized to
prevent pollution of waters over submerged lands and/or coastal wetlands. A permit shall be
required in connection with dredge and fill activities for permanent measures in relief of class A
emergencies.
(b) Class B—other, 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 action for relief. No permit shall be required for
temporarymeasures needed to correct or give relief from class B emergencies. Temporary
•
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measures shall be limited to only those minimum works required to protect against loss of life,
limb, health or property or which immediately threaten plant and animal life. The Department
shall be notified within fourteen (14) calendar days after completion of the temporary measures
which have been taken. The report shall be a written description of all works which have been
performed as well as pollution control measures utilized. A permit shall be required in connection
with dredge and fill activities for permanent measures taken for relief of class B emergencies.
(Ord. No. 04-214, §§ 1, 5, 12-2-09; Ord, No, 08-55, § 2, 5-6-08)
Sec. 24-21.- Operating records.
The owner or operator of any facility installed or operating under the provisions of this chapter shall
cause to be maintained and kept such records of the operation data and control tests as may be required by
the Director to indicate the operating efficiency of such facility, and to show whether or not such facility is
causing pollution as herein defined, and to furnish all such information and data concerning the operation of
the facility as the Director may require from time to time.
In addition to the above, any industrial user, as defined in section 24-42.4(1)(c) of this Code, shall
comply with the reporting and record keeping requirements set forth in 40 CFR 403.12, Federal Pretreatment
Regulations.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)
Sec. 24-22.- Circumvention unlawful.
1
It shall be unlawful for any person to build, erect, construct, install, design, or use any article., device,
machine, equipment, process, or other contrivance, the use of which, without resulting in a reduction in the
total discharge of contaminants in the water, or the total release or emission of air contaminants to the
atmosphere, conceals a discharge or an emission which would otherwise constitute a violation of the
provisions of this chapter.
(Ord. No. 04-214, §§ 1, 5, 12-2-04)
Sec. 24-23.- Information concerning processes shall be confidential.
Confidentiality of all submittals shall be in accordance with all applicable federal and state laws.
(Ord. No. 04-214, §§ 1, 5, 12-2-04)
Sec. 24-24.- Waiver of performance bonds.
Waiver of performance bonds. The Director of the Department may waive all requirements concerning
posting of a performance bond by any governmental agency whenever the work is to be performed by
employees of said agency, provided that, in lieu of the posting of a performance bond, said agency shall
furnish the Department satisfactory written assurances that the work performed by its employees will comply
fully with all requirements of the permit, and provided, further, that the Director of the Department may waive
the posting of a performance bond by any private firm or corporation under contract with any governmental
agency when said firm or corporation shall have posted a.satisfactory and acceptable bond with the said
governmental agency, proof of such bond having been furnished by said agency to the Department.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord, No, 08-55, § 2, 5-6-08)
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Miami -:Dade County, Florida, Code of Ordinances >>.PART lil - CODE OF ORDINANCES >> Chapter
24 - ENVIRONMENTAL PROTECTION, .BISCAYNE BAY AND ENVIRONS DESIGNATED AQUATIC
PARK AND CONSERVATION AREA, THE BISCAYNE BAY ENVIRONMENTAL ENHANCEMENT TRUST
FUND, AND THE ENVIRONMENTALLY ENDANGERED LANDS PROGRAM »> ARTICLE IV. -
NATURAL AND BIOLOGICAL ENVIRONMENTAL 'RESOURCES PERMITTING AND PROTECTION.,
REGULATION OF DRAINAGE SYSTEMS AND STORMWATER MANAGEMENT» DIVISION 2. - TREE
PRESERVATION AND PROTECTION »
DIVISION 2. - TREE PRESERVATION AND PROTECTION
Sec. 24-49. - Permits for tree removal and relocation. improperly issued permits, violation of permit conditions,
exemptions from tree removal permits; mortgagee exemption from liability.
Sec. 24-49.1. Permits generally.
Sec. 24-49.2. - Review and evaluation of permit applications, natural forest community standards, specimen tree
standards.
Sec, 24-49.3. - Preliminary review of:proiects involving tree .removal or relocation.
Sec. 24-49.4. - Replacement requirements for tree removal.
Sec. 24-49.5. - Tree vrotection requirements during construction.
Sec. 24-49:6. - Tree relocation standards.
Sec. 24-49.7. —Permit issuance, confirmation of natural forest community maps, existing permits, approvals and
consent agreements.
Sec. 24-49:8. - Permit fees; schedule.
:Sec, 24-49.9. - Prohibited plant species.
Sec. 24-49.- Permits for tree removal and relocation, improperly issued permits,
violation of permit conditions, exemptions from tree removal permits; :mortgagee
exemption from liability.
(1) It shall be unlawful for any person, unless otherwise permitted by the terms of this article, to do tree
removal work or to effectively destroy any tree, or to effectively destroy any understory in a natural
forest community, without first obtaining a permit from the Department.
(2) No municipal or County official shall issue a tree removal permit that does not comply with the
provisions of this article. Any such permit shall be void.
(3) It shall be unlawful for any person to violate or not comply with any of the conditions of a Miami -Dade
County tree removal permit.
(4) The following activities are exempt from tree removal permits:
(a) Removal of trees within the yard area of an existing single-family residence, provided the trees
are not within a natural forest community, and are not specimen trees. This exemption does not
apply to trees which are growing on County rights -of -way adjoining existing single-family
residences;
(b) Removal of trees for the construction of a new single-familyresidence, provided that:
(i) The lot is one (1) acre or less in size (43,560 square feet), if an AU zoned lot, or one-half
('/2) acre or less in size (21,780 square feet), for any other zoned lot; and
(if) The lot is being developed as the principal residence of the owner -builder; and
(iii) The lot is not within an area designated as a natural forest community; and
(iv) The trees are not specimen trees.
(c) Removal of any dead tree.
(d) Removal of trees within State -approved plant nurseries and botanical gardens, provided said
trees were planted andare growing for the display, breeding, propagation, sale or intended sale
to the general public in the ordinary course of business.
(e) Removal of trees for the establishment, maintenance and operation of a bona fide grove or bona
fide tree nursery, except when the proposed tree removal is to occur in a natural forest
community designated under Resolution No. 1764-84 or under subsequent revisions of the
natural forest community maps or when the proposed tree removal will affect specimen trees as
defined herein. Any person desiring to remove trees pursuant to this provision shall obtain written
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approval from the Department prior to the commencement of any such activities under this
exemption.
(f) Removal of any of the following tree species (provided the activity is not within a natural forest
community, in which case a permit shall be required, but all application and permit fees shall be
waived by the Department):
(i) Melaleuca quinquenervia (cajeput or paperbark tree).
(ii) Casuarina spp. (Australian pine, beefwood).
(iii) Schinus terebinthifolius (Brazilian pepper).
(Iv) Bischofia javanica (bishopwood).
(v) Ricinus communis (castorbean).
(v1) Psidium guajava (guava).
(vii) Albizia lebbek (woman's tongue).
(viii) Acacia auriculaeformis (earleaf acacia).
(ix) Schefflera actinophylla (Queensland Umbrella Tree).
(x) Araucaria heterophylla (Norfolk Island Pine).
(xi) Metopium toxiferum (poison wood).
(xii) Adenanthera pavonina (red sandalwood).
(xiii) •Cupaniopsis anacardioides (carrotwood).
(xiv) Dalbergia sissoo (Indian dalbergia., sissoo).
(xv) Ficus microcarpa (=R. nitida; =F, retusa varnitida) (laurel fig).
(xvi) Flacourtia indica (governor's plum).
(xvii) Hibiscus tiliaceus (mahoe).
(xviii) Leucaena leucocephala (lead tree).
(xix) Mimosa pigra (catclaw mimosa).
(xx) Thespesia populnea (seaside mahoe).
(g) Removal of any tree which has been destroyed or effectively destroyed by an Act of God, or by
acts outside of the control of any person, individually or otherwise, who has or had a legal,
beneficial or equitable interest in the real property upon which such tree is located, which acts
could not have been prevented by the exercise of reasonable care by any such person,
individually or otherwise, who has or had a legal, beneficial or equitable interest in the real
property upon which such tree is located. Where a tree has been destroyed or effectively
destroyed by acts outside of the control of a person who has or had a legal, beneficial or
equitable interest in the real property upon which such tree is located, which acts could not have
been prevented by the exercise of reasonable care by such person, this provision shall be
construed to impose joint and several liability upon the person(s) destroying or effectively
destroying such tree, and to exempt from liability for such destruction or effective destruction the
person who has or had a legal, beneficial or equitable interest in the real property upon which
such tree is located.
(h) Removing, trimming, cutting or altering of any mangrove tree or removal of any tree located upon
land which is wetlands as defined in Section 24-5. Trees located upon land which is wetlands as
defined in Section 24-5 and mangrove trees located anywhere in Miami -Dade County shall be
subject to the permitting requirements of Article IV of this chapter.
(I) Removal of a tree or trees within a bona fide fruit grove for the express purpose of converting
said bona fide fruit grove to another bona fide agricultural purpose, provided however, that the
owner of the real property upon which the bona fide fruit grove is planted has entered into a
covenant agreement with Miami -Dade County in the form approved by the Board of County
Commissioners, which covenant requires that said property shall only be used for bona fide
agricultural purposes for a period of five (5) years from the date of execution. The form for said
covenant agreement shall be approved by the Board of County Commissioners by resolution
concurrently with the approval of this ordinance so that all covenant agreements submitted
pursuant to this provision can be executed and accepted by the Director and then recorded in the
Official Records of Miami -Dade County without the necessity of additional public hearings. In the
event that the provisions of said covenant are not complied with, the Director may commence an
action in law or equity to ensure adherence with the replanting requirements contained in Section
24-49.4 of the Code of Miami -Dade County.
(5) Any mortgagee with respect to property upon which any violation of this tree ordinance has occurred
shall not be liable for such violation unless, prior to said violation, said mortgagee has foreclosed upon
said property or participated in the management or control of said property, or unless said mortgagee
has effected or caused the tree ordinance violations occurring on said property.
(6) Notwithstanding the provisions of Section 24-31(7) herein, if actions or omissions constituting a violation
of this article occurred at a time when the completed actions or omissions were not prohibited by law,
such completed actions or omissions shall not constitute a violation of this article.
(Ord. No, 04-214, §§ 1, 5, 12-2-04; Ord, No. 08-55, § 2, 5-6-08)
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Sec. 24-49.1.- Permits generally.
Tree removal permits are required for the removal or relocation of any tree not specifically exempted
under Section 24-49(4). The Department shall provide permit application forms which shall be used by permit
applicants. An owner, agent of the owner, or lessee of a property may apply for a tree removal permit. If the
permit application is a lessee or agent of the owner, a statement from the owner of the property indicating that
the owner has no objection to the proposed tree removal shall be submitted with the application. The permit
applicant shall submit to the Department a completed application form. Permit application forms shall be
accompanied by two (2) sets of site plans which are subject to review and approval by the Department. The
site plan shall include the locations of all existing tree resources and all proposed structures or utilities which
may require removal or relocation of trees. The Department may require that said plans be prepared by either
a landscape architect, architect or an engineer registered in the State of Florida. If the submitted site plan does
not provide sufficient information to determine which trees will be affected by the proposed development, the
Department may require that a tree survey of the site be prepared and submitted to the Department for review.
(Ord. No. 04-214, §§ 1, 5, 12-2-O4)
Sec. 24-49.2.- Review and evaluation of permit applications, natural forest community
standards, specimen tree standards.
A review of each completed tree removal permit application shall be conducted by the Department. This
review and all actions taken by the Department under the provisions of this article shall be conducted using
best available practices from biology., botany, forestry, landscape architecture and other relevant fields, and
shall be conducted in a manner that is consistent with all applicable goals, objectives and policies in the
Comprehensive Development Master Plan for Miami -Dade County, Florida. Upon receipt of a completed
permit application, the Department shall determine whether the site contains any portion of a natural forest
community, specimen trees or any other trees subject to the provisions of this article as follows:
(1)
If a site contains any portion of a natural forest community, then the provisions of Section 24-49.2
(I) shall apply. If any person is in doubt as to whether a particular property has been designated
as a natural forest community, said person may request a written determination from the
Department. Said written determination shall state whether or not a particular property has been
so designated by the Board of County Commissioners in the forest community maps under
Resolution 1764-84 and shall be prepared by the Department within twenty (20) days of receipt
of said request.
Any property owner of a designated natural forest community site may request that the
Department verify the designated boundaries of a specific natural forest community site or may
request that a specific site be deleted from the approved natural forest community maps.
Requests for verification of the designated boundaries of a specific natural forest community site
or the deletion of a specific site from the approved maps shall be made in writing to the
Department. Upon receipt of such requests, Departmental staff shall inspect the site and make a
determination whether the approved boundaries accurately reflect the current boundaries of a
natural forest community as defined herein, or whether a site should be deleted from the
approved maps. if it is determined that the approved boundaries of a specific natural forest
community site are no longer accurate, the Director or the Director's designee shall modify the
approved boundary of the natural forest community. One (1) copy of the modified boundary shall
be furnished to the person who originated the request within thirty (30) days of receipt of the
original request and another copy shall be made permanently available at the Department for
reference by the public. If it Is determined that a specific natural forest community site in its
entirety no longer meets the definition of a natural forest community as defined herein, the
Director shall recommend to the Board of County Commissioners that the site be deleted from
the approved natural forest community maps.
(2) If a site contains any specimen trees, then the provisions of Section 24-49.2(11) shall apply.
(3) If there are trees present on a site other than any portion of a natural forest community or
specimen trees, then the replacement provisions of Section 24-49.4 shall apply.
(4) In the event that a site contains any combination of natural forest community, specimen trees or
other trees, then Sections 24-49.2(I.), 24-49.2(11), and 24-49.4 shall be applied in proportion to the
presence of each type of tree or community,
The standards to be applied in reviewing tree removal permit applications involving natural forest
communities or specimen trees are as follows:
(1) Natural Forest Community Standards.
(1) Upon receipt of an application for tree or understory removal work in a natural
forest community, Departmental staff shall verify that the site currently meets the
definition of a natural forest community as defined herein. If Departmental staff
determine that a site no longer meets the definition of a natural forest community,
then the Director shall recommend to the Board of County Commissioners that the
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site be deleted from the natural forest community maps. Upon approval by
resolution of the Board of County Commissioners, the site will no longer be subject
to the provisions of Section.24-49.2(1), but may nevertheless be subject to the
provisions of Sections 24-49.2(11) and 24-49.4. In the event that Departmental staff
determine that the site currently meets the definition of a natural forest community
as defined herein, but the boundary line shown on the approved maps no longer
accurately reflects the boundary of a natural forest community as defined herein,
the boundary of the natural forest community as shown on the approved maps shall
be modified by the Director or the Director's designee. One (1) copy of the modified
boundary shall be furnished to the property owner and another copy shall be made
permanently available at the Department for reference by the public. If the
boundaries of a natural forest community are modified, only that area
encompassed within the modified boundary of the natural forest community shall be
subject to the provisions of this section.
(a) Except as provided in Section 24-49.2(I)(1)(c) below, a permit shall not be
issued to clear more than ten (10) percent of the canopy and understory of
any hardwood hammock natural forest community or more than twenty (20)
percent of the canopy and understory of.any pineland natural forest
community, provided said sites are five (5) acres or greater. If a site has a
total area of less than five (5) acres and the natural forest community covers
all or a portion of the site, a permit may be issued to clear up to one-half (1/2)
acre within a hammock natural forest community and up to one (1) acre
within a pineland natural forest community, only if the clearing of ten (10)
percent or twenty (20) percent, respectively, does not allow some use of the
property.
(b) The remaining portions of all natural forest community sites, outside of the
areas where tree and understory removal have been permitted by the
Department, shall be deemed preserve areas and shall be left in a natural
state. Additional clearing of trees or understory shall be prohibited in these
preserve areas, except as authorized by other provisions of this article.
Firebreaks for pineland natural forest community preserves shall be
permitted, and the total area encompassed by the firebreaks (up to a
maximum of ten (10) percent of .the natural forest community site) shall not
be included in the total area which is permitted to be cleared, pursuant to
Section 24-49.2(1)(1)(a) and (c). Required dedicated public rights -of -way and
required public utility easements in pineland and hammock natural forest
communities shall be excluded (up to a maximum of ten (10) percent of the
natural forest community site) from the total areas permitted to be cleared,
pursuant to Section 24-49.2(I)(1)(a) and (c). The criteria for determining
which portion of a natural forest community shall be preserved are as
follows:
(i) Whether the preservation area affords maximum protection to rare,
threatened and endangered species.
(II) Whether the preservation area affords maximum protection to areas
of high wildlife utilization such as, but not limited to, nesting or
breeding areas.
(iii) Whether thepreservation area is located to minimize the number of
trees and understory vegetation that is to be removed and disturbed
for development.
(iv) Whether the preservation area is located to protect the geological and
archaeological value of the site.
(v) Whether the preservation area is located contiguous with another
natural forest community.
(c) Permits for tree and understory removals within natural forest communities
that are issued in accordance with Section 24-49.2(I)(1)(a) and (b) above
shall not require any tree or understory replacement. As an alternative to
Section 24-49.2(I)(1)(a). above, a permit may be issued to clear up to an
additional ten (10) percent of a pineland natural forest community, provided
that tree and understory replacement are a requirement of the permit. Said
tree and understory replacement shall provide for the replacement of one
hundred (100) percent canopy coverage equal to the square footage of the
additional area to be cleared regardless of the actual tree canopy contained
therein to account for the replacement of the trees and understory, pursuant
to the provisions of Section 24-49.4(1)(b)(i).
(d) Any permit issued for the removal of trees and understory within a natural
forest community shall include a specific requirement which allows a
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minimum of fifteen (15) days for the salvaging of native plant materials within
the area which is permitted to be cleared. However, any person desirous of
salvaging plant materials must first have authorization from the permittee or
owner of the property, which authorization shall not be unreasonably
withheld. The Department shall maintain a list of persons interested in
salvaging native plant materials and shall notify them immediately upon
issuance of such a permit.
(2) Alternatives to the provisions of Section 24-49.2(1)(1). In order to provide for unique
design considerations for the replacement requirements in Section 24-49.2(I)(1)(c)
above, and to address natural forest community sites which are within the 1990
Urban Development Boundary, the following shall apply:
(a) Alternative tree and understory replacement plans may be submitted for
projects which require mitigation, pursuant to Section 24-49.2(I)(1)(c) above,
that are outside of the 1990 Urban Development Boundary. Said alternative
plan shall be prepared by a landscape architect or other Individual
knowledgeable in the field of natural area restoration, and shall indicate the
deviations from the standard requirement and justification for approval.
(b) Alternative tree and understory replacement and preservation plans may be
submitted for projects which affect natural forest communities which are
located within the 1990 Urban Development Boundary and which cannot
meet the express terms of Section 24-49.2(1)(1). In such cases, the applicant
shall have the burden of demonstrating that a proposed project meets the
intent of this article and that the provisions of Section 24-49.2(I)(1) cannot be
met.
(3)
At a minimum, an alternative tree and understory replacement and
preservation plan shall include:
1. A statement sealed by a landscape architect registered in the
State of Florida that indicates that he has prepared the
submitted plan and that the intent of this article can effectively
be met through the submission of an alternative plan; provided,
however, if the project only encompasses a single family
residence with ancillary facilities, then said statement and plan
may be made by an individual knowledgeable in the field of
natural area restoration;
2. The proposed location of all vegetation preservation and
replantings (consisting exclusively of native species), all
property lines, and all proposed or existing structures,
driveways and utility easements; and
3. A tabulation that identifies any deviations from the
requirements of Section 24-49.2(I)(1) and explicitly provides for
equivalent compensation by alternative replanting (consisting
exclusively of native species) or trust fund contributions.
(ii) Approval of the plan shall be determined by the Department. The
Department shall consider the following factors in evaluating the
alternative preservation plan:
1. Whether the proposed plan preserves a portion of the natural
forest community.
2. Whether the proposed plan provides for on -site or off -site
replanting, including understory replanting.
3. Whether the proposed plan provides for an equitable
contribution to the Miami -Dade County Tree Preservation Trust
Fund when the minimum preservation standards of Section 24-
49.2(1)(1) are not met.
Modified preservation and replacement plan based upon justifiable, detrimental
reliance allowed. In order to address these cases in which a person has purchased
natural forest community property in justifiable, detrimental reliance upon written
representations of Department staff made prior to the enactment of Chapter 24-49
of the Code of Miami -Dade County regarding replacement and preservation
requirements for said property, the following shall apply:
Any owner of a natural forest community property who has purchased
natural forest community property in justifiable, detrimental reliance upon
written representations of Department staff made prior to the enacting of
Chapter 24-49 [Article IV] of the Code of Miami -Dade County may submit to
the Department an application for approval of a modified replacement and
preservation plan which shall incorporate the replacement and preservation
(i)
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requirements reflected in the agreement relied upon. In such cases, the
applicant shall have the threshold burden of demonstrating to the
Department and the Board of County Commissioners the detrimental,
justifiable reliance which provides the basis for his application.
(a) The Department shall make its recommendation to the Board of County
Commissioners, and the Board of County Commissioners shall make its
decision, for denial or approval with conditions of the modified replacement
and preservation plan. In evaluating the proposed modified preservation and
replacement plan, and in making the threshold determination of whether the
applicant has purchased natural forest community property in justifiable,
detrimental reliance upon written representations of Department staff made
prior to the enactment of Chapter 24-49 [Article IV] of the Code of Miami -
Dade County, the Department shall make its recommendation, and the
Board of County Commissioners shall make its decision, based upon the
following factors:
(i) At a minimum, the application for modified replacement and
preservation plan shall reflect that the elements provided for in
Section 24-49.2(1)(2)(b)(1)1, 2, and 3 above are included in the
proposed plan, provided, however, that, if the Board of County
Commissioners determines that the applicant purchased natural
forest community property in justifiable, detrimental reliance upon
written representations of Department staff made prior to enactment
of Chapter 24-49 of the Code of Miami -Dade County, and if the
written representations relied upon did not address tree replacement
or tree compensation requirements, then the tree replacement or tree
compensation requirements applicable at the time of such justifiable,
detrimental reliance may be made a part of the modified replacement
and preservation plan.
(ii) In addition to the elements provided for in Section 24-49.2(I)(2)(b)(i)1,
2, and 3, the application for modified replacement and preservation
plan shall include information regarding the following factors:
1. The nature of the written representations relied upon: Whether
the representations by the Department could be construed to
be a final determination regarding preservation and
replacement requirements for the subject property; and
2. The existence of a permit or written consent agreement with
the Department: Whether a tree removal permit or consent
agreement with the Department was entered .into by the owner
of the subject property or his immediate predecessor in title
prior to purchase of the subject property; and
3. The circumstances of the property purchase: Whether (a) the
purchase of the subject property occurred before or after
enactment of Chapter 24-49 of the Code of Miami -Dade
County, and (b) the purchase of the subject property occurred
close in time to the date of the written representations relied
upon, and (c) the owner has legal representation or other
professional assistance in negotiating and concluding said
purchase; and
4. Subsequent dealings with the Department: Whether the
applicant had dealings with the Department occurring
subsequent to the date of the written representations relied
upon and prior to the date of purchase of the subject property.
The Board of County Commissioners shall hold a public hearing
concerning the application. A notice of the time and place of said
public hearing shall be published in a newspaper of general
circulation in Miami -Dade County a minimum of seven (7) days prior
to the public hearing. Said notice shall include a brief description of
the proposed replacement and preservation plan and the location of
the subject natural forest community property.
(iii) Appeal from denial of modified preservationand replacement plan.
Any person aggrieved by any decision of the Board of County
Commissioners pursuant to this Section 24-49.2(I)(3) may seek
judicial review in accordance with the Florida Rules of Appellate
Procedure.
(II) Specimen Trees Standards.
(1)
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Specimen trees application. Specimen trees shall be preserved whenever
reasonably possible. Upon receipt of an application to remove a specimen tree, the
Department shall consider the following factors in evaluating said application:
(a) Size and configuration of the property.
(b) Size and configuration of any proposed development.
(c) Location of the tree relative to any proposed development.
(d) Whether or not the tree can be preserved under the proposed plan or any
alternative plan.
(e) Health, condition and aesthetic qualities of the tree.
(f) Whether the tree poses a threat to persons or property.
(2) .Alternate plans. If, upon review of the factors enumerated in Section 24-49.2(II)(1),
the Department determines that a specimen tree cannot reasonably be preserved
under the proposed plan, then the applicant shall provide an alternate plan when
feasible, which shall include preservation of the specimen tree and design
alterations consistent with the scope and intent of the initially -proposed plan.
Alterations consistent with the scope and intent of the initially -proposed plan may
include, but shall not be limited to:
(a) An adjustment of building orientation on a site.
(b) An adjustment of lot lines within a site proposal for more than one (1) lot
when said adjustment will not cause an unreasonable loss of usable space.
An applicant shall have the burden of proof in the determination of what
constitutes an unreasonable loss of usable space.
(3) Specimen tree relocation. If preservation of the specimen tree and any alternate
design consistent with the scope and intent of the initial plan are mutually exclusive,
then the Department may issue a permit to relocate the specimen tree. If the tree
removal permit requires relocation, then the applicant shall be required to relocate
the tree in accordance with the standards set forth in Section 24-49.6.
(4) Removal of specimen trees. If relocation of the specimen tree is not feasible, due to
the size, health, location, species or any other factor, then a permit may be issued
for removal, and tree replacement shall be required.
(5) Replacement requirements for specimen trees. As a condition of the issuance of a
tree removal permit for the removal of a specimen tree, tree replacement
requirements shall be twice those specified in Section 24-49.4(2)(c). In the event
that replacement is not feasible on -site, then alternative off -site replacementshall
be required, or, as a last alternative, there shall be a contribution to the Miami -Dade
County Tree Trust Fund for the full value of the replacement trees. Notwithstanding
the above, there shall also be an equitable contribution to the Miami -Dade County
Tree Trust Fund for the irreplaceable loss of the aesthetic and environmental
contributions of the specimen tree(s), according to the contribution schedule
established by the Board of County Commissioners, pursuant to Section 24-49.9.
(6) Exemptions from specimen tree replacement requirements. An applicant may be
exempt from the replacement requirements of Section 24-49.2(II)(5), but subject to
the tree replacement requirements in Section 24-49.4(2)(c)., under the following
circumstances:
(a) Upon submittal of a statement from a landscape architect registered in the
State of Florida which indicates that a specimen tree, due to disease,
condition, growth habit or any other reasonable botanical factor, does not
provide the aesthetic or environmental contribution associated with a
specimen tree. Said statement shall include the specific reason(s) for the
claimed exemption from the provisions of Section 24.49.4(2). •
(b) When preservation of the specimen tree would cause a foreseeable risk to
property.
(c) When a site contains more than one (1) specimen tree, and fifty (50) percent
or more of the existing specimen trees and at least fifty (50) percent of the
existing specimen tree canopy area is preserved.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-5§ 2, 5-6-08)
Sec. 24-49.3.- Preliminary review of projects involving tree removal or relocation.
The Department shall review and comment on the following actions: Any application for zoning relief
which requires a public hearing before the Miami -Dade County Community Zoning Appeals Board or the Board
of County Commissioners; applications for plat approval; administrative site plan review; applications for
approval of development plans by the developmental impact committee and the South Florida Regional
Planning Council; proposed plans for new roadways or improvements to highway design projects; proposed
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plans for new public park and recreational areas and other public facilities. This review procedure shall
determine if a tree removal permit is required under Section 24-49, and whether the following standards, when
applicable, are adhered to:
(1) Any proposed action that does not involve specimen trees or development in a natural forest
community shall be subject to the replacement standards in Section 24-49.4.
(2) Development within natural forest communities or involving specimen trees:
(a) If it is determined that the proposed development site is within a natural forest community
or involves removal of a specimen tree, the standards set forth in Section 24-49.2 shall
apply. Proposed site actions that are not in accordance with said standards shall receive a
recommendation of denial from the Department.
(b) Notwithstanding any provision of this Code, no County or municipal officer, agent,
employee or Board shall approve, grant or issue any building permit, certificate of use and
occupancy (except for changes in ownership), platting action (final plat, waiver of plat or
equivalent municipal platting action) or zoning action requiring a public hearing before the
Miami -Dade County Community Zoning Appeals Board or the Board of County
Commissioners for any land use involving division of property into parcels less than five
(5) acres within natural forest communities without obtaining the prior written
recommendation of the Director or the Director's designee. The Director or the Director's
designee shall issue his written recommendation of approval only if the Director or the
Director's designee determines that a preservation area equivalent in size to the minimum
preservation area required for the site under Section 24-49.2(1).has been designated prior
to the proposed action.
(Ord. No, 04-214, §§ 1, 5, 12-2-04; Ord, No. 08-55, § 2, 5-6-08)
Sec. 24-49.4.- Replacement requirements for tree removal.
(1)
Tree replacement requirements. As a condition of the issuance of a tree removal permit, the permittee
shall be required to replace trees that are authorized to be removed under the provisions of this article.
The number of trees and number of species of trees required for replacement shall be determined
according to the procedures contained herein. When the replacement canopy area exceeds ten
thousand (10,000) square feet, replacement shall be described in a landscape replacement plan which
shall meet the minimum requirements of Section 24-49,4(3), and no tree removal permit shall be issued
until said plan has been approved by the Department, except as provided in Section 24-49,4(4).
(a) The following are exempt from this section:
(i) All tree removal activities included in Section 24-49(4).
(11) All tree removal permits affecting natural forest community sites which meet the specific
preservation requirements of Section 24-49.2(I)(1)(a) and (b).
(iii) Trees which have been successfully relocated, pursuant to Section 24-49.6.
(b) Natural forest community replacement requirements.
Pursuant to Section 24-49.2(I)(1)(c)., tree and understory replacement for pineland natural
forest communities shall include the following:
1. All species proposed for replanting shall be native to Miami -Dade County's
pinelands.
2. For each additional one-half (1/2) acre which is permitted to be cleared, fifty (50)
replacement pine trees (Pinus elliotti var. densa) shall be provided. Said pine trees
shall meet the standards in either Section 24-49.4(4)(a)(i) or (ii); if the pine trees
meet the standards of Section 24-49.4(4)(a)(i), then six hundred twenty-six (626)
pineland understory and ground cover plants which meet the standards of Section
24-49.4(4)(a)(ii) shall be provided; if the pine trees meet the standards of Section
24-49:4(4)(a)(ii), then six hundred seventy-six (676) pineland understory and
ground cover plans which meet the standards of Section 24-49.4(4)(a)(ii) shall be
provided. The number of replacement plants for areas which are less than one-half
(°/2) acre shall be determined on a prorated basis.
3. The diversity of understory and ground cover species provided shall be maximized
to the greatest extent possible based on availability of materials.
4. An eighty (80) percent survival rate after one (1) year shall .be guaranteed for all
pineland natural forest community replacement plantings.
(ii) As an alternative to Section 24-49.4(1)(b)(i) above, a monetary contribution, equal to the
cost of the replacement plants, labor costs for installation, and survival rate guarantee
costs, may be made to the Miami-Dade.County Tree Trust Fund. Said funds shall be
utilized by the County to reestablish pineland on County -owned property or to purchase
pinelands for preservation purposes.
(i)
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All other applications for the removal of trees or understory within natural forest
communities which meet the requirements of Section 24-49.2(I)(1)(a) and (b) or Section
24-49.2(1)(2) shall not require any tree or understory replacement.
(c) Specimen tree replacement requirements. As required in Section 24-49.2(II)(5), the replacement
requirements for the removal of a specimen tree shall be twice those specified in this section,
except as noted in Section 24-49.2(11)(6).
(2) Procedures for determining tree replacement requirements: The Department shall determine the total
number of replacement trees required for the issuance of a tree removal permit according to the
following procedural steps:
(a) Step 1: Determining existing tree canopy coverage. on -site. The area of existing tree canopy
coverage of a site shall be determined by the Department, using one (1) or any combination of
the following methods: Review of aerial photography; on -site inspection; and review of a tree
survey. The Department may require the applicant to submit a tree survey for the purpose of this
determination.
(b) Step 2: Determining impact area of proposed project. The area of existing canopy coverage
which will be affected (impact area) by the applicant's proposed development shall be
determined by the Department. This determination shall be based on a site plan and completed
tree removal permit application form submitted to the Department by the applicant.
(c) Step 3: Determining number of replacement trees required to be planted. The total number of
trees required for replacement shall be based on the area of impact and the category of
replacement tree selected by the applicant. Each replacement tree shall compensate for a
portion of the tree canopy lost in the impact area. The following table shall be used as a standard
for determining the required number of replacement trees:
Category Replacement Tree:
Shade Tree 1
Portion of Impact Area that each replacement
tree compensates for in square feet:
500
Shade Tree 2
300
Palm Tree 1
300
Palm Tree 2
100
Small Tree
200
Any combination of shade trees, palm trees, or small trees shall be .acceptable replacement,
provided the total number of trees from all replacement categories compensate for the lost
canopy. In the event that a replacement tree actually has more canopy coverage at the time of
planting than the amount of credit allowed under the tree replacement formula above, then the
applicant shall receive full credit for the canopy coverage provided by the replacement tree at the
time of planting. The applicant shall submit a list of proposed replacement trees on a form
provided by the Department, except when the total number of replacement trees exceeds twenty
(20), and then the applicant shall be required to submit a landscape replacement plan consistent
with the provisions of Section 24-49.4(3). Proposed replacement lists or plans are subject to
Departmental approval. The Department shall approve proposed replacement trees that are
consistent with the standards of Section 24-49.4(3),
(d) Step 4: Location of replacement trees. Specific placement of replacement trees on -site shall be
determined by the applicant. If the site cannot accommodate the required replacement trees
because of insufficient planting area as determined by the Department, then the applicant shall
be required to plant replacement trees at an off -site location subject to Departmental approval,
or, as a last alternative, shall provide an equitable contribution to the Miami -Dade County Tree
Trust Fund to compensate for those replacement trees which cannot be accommodated on site.
The amount of the contribution shall be determined according to the provisions of Section 24-
49.8. If any applicant is in doubt as to whether a particular site can sufficiently accommodate the
required number and species of replacement trees as initially determined by the Department,
then the applicant shall submit a statement prepared by a landscape architect registered in the
State of Florida, indicating whether, in his professional opinion, the site can accommodate the
required number of trees and species. Upon receipt of said statement, the Department shall
reevaluate its initial determination and provide the applicant with a revised determination of
requirements. In the event that the landscape architect is in agreement with the Department's
determination of available planting space, however, due to design considerations, the applicant
would elect to propose an alternative landscape enhancement plan or an equitable contribution
to the Miami -Dade County Tree Trust Fund, then the provisions of Section 24-49.4(4) or 24-49.2
(II)(5), respectively, shall apply.
(e) Step 5: Minimum species diversity standards. When more than ten .(10) trees are required to be
planted in accordance with the provisions of this section, a diversity of species shall be required.
The number of species to be planted shall be based on the overall number of trees required. The
applicant shall be required to meet the following minimum diversity standards:
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Required Number of Trees
Minimum Number Species of
11--20
2
21-50
4
51 or more
6
Permittees shall not be required to plant in excess of six (6) species. The number of trees of
each species planted shall be proportional to the number of species required. A minimum of fifty
(50) percent of all replacement trees planted shall be native to Miami -Dade County, and no more
than thirty (30) percent of the replacement trees shall be palms. However, when native trees are
removed, all replacement trees shall be native species. As an alternative to the minimum species
diversity required herein, an applicant may propose an alternative species diversity in an
alternative landscape enhancement plan described in Section 24-49.4(4).
(f) Step 6: Minimum standards for replacement trees.
(I) All replacement trees shall have a minimum quality of a Florida No, 1 grade or better.
(il) The Department shall maintain a list of species for each category of replacement tree.
This list may be amended from time to time, as necessary. Replacement tree heights shall
be determined by overall height measured from where the tree meets the ground to the
top -most branch.
1. All category 1 replacement shade trees shall be a minimum of twelve (12) feet in
height at the time of planting and at maturity should have a canopy coverage of five
hundred (500) square feet under normal growing conditions.
2. All category 2 replacement shade trees shall be a minimum of eight (8) feet in
height at the time of planting and at maturity should have a canopy coverage of five
hundred (500) square feet under normal growing conditions.
3. All category 1 replacement palm trees shall have a minimum height of ten (10) feet
at the time of planting and at maturity should have a canopy coverage of three
hundred (300) square feet under normal growing conditions.
4. All category 2 replacement palm trees shall have a minimum height of three (3) feet
at the time of planting and at maturity should have a canopy coverage of one
hundred (100) square feet under normal growing conditions.
5. All replacement small trees shall have a minimum height of six (6) feet at the time
of planting and at maturity should have a canopy coverage of two hundred (200)
square feet under normal growing conditions.
(3) Requirements for a landscape replacement plan. Except as provided in Section 24-49.4(4), a landscape
replacement plan shall be submitted to the Department by the permit applicant when a minimum of ten
thousand (10,000) square feet of replacement canopy is required under the provisions of Section 24-
49.4(2). All landscape replacement plans shall meet the following minimum standards:
(a) The number of trees, number of species of trees, and size of trees proposed for planting shall be
consistent with Section 24-49.4(2).
(b) The applicant shall submit a site plan that includes the proposed replacement locations of all
replacement plantings and tree relocations, all property lines, and all proposed and existing
structures, driveways and utility easements.
(c) The canopy spread of any tree that is proposed for preservation shall be shown on the plan.
Where a portion of the canopy of a tree or trees shall be removed without removal of the trees, a
notation shall be made on the plan.
(4) Alternatives to the provisions of Sections 24-49.4(2) and 24-49.4(3). Instead of replacing all affected
trees pursuant to the provisions of Sections 24-49.4(2) and 24-49.4(3), an applicant may propose to
relocate existing trees or propose a unique project design which provides reasonable assurance that
the project complies with the intent to maintain tree canopy.
(a) Generally, as an exception to the requirements of Section 24-49.4(2), and in order to provide for
development of exceptional or unique landscape designs which cannot meet the express terms
of Section 24-49.4(2), an applicant may submit an alternative landscape enhancement plan. As
an alternative to the requirements in Section 24-49.4(2)(c), tree replacement credit may be
granted for planting shrubs or ground covers, based upon the following table, provided, however,
that a minimum of fifty (50) percent of the required canopy replacement is achieved by using
shade trees and palm trees as required by Section 24-49.4(2)(c).
Category of Tree Alternative Shrub or Ground
Cover:
Portion of impact Area that Each Tree
Alternative Shrub, or Ground Cover
Compensates for in Square Feet:
Shrub 1 (including small palms)
60
Shrub 2/Ground Cover
30
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(I) All category 1 tree alternative shrubs shall be a minimum of two (2) feetin height at the
time of planting and at maturity should have a canopy coverage of sixty (60) square feet
under normal growing conditions.
(II) All category 2 tree alternative shrubs or ground covers shall have a root system sufficient
to sustain growth andat maturity should have a canopy coverage of ten (10) to twenty
(20) square feet under normal growing conditions.
(b) The applicant shall have the burden of demonstrating that a design meets the intent of this
article. At a minimum, an alternative landscaping enhancement plan shall include, without
limitation:
(i) A statement, prepared by a landscape architect registered in the State of Florida, which
indicates that the intent of this article can be effectively met through the submission of the
alternative design; and
(ii) A site plan, prepared by a landscape architect registered in the State of Florida, that
includes the proposed location, scientific name or description of all vegetation to be
preserved or planted, all property lines, and all proposed or existing structures, driveways
and utility easements; and
(iii) A tabulation that identifies any deviations from the requirements of Section.24-49.4(2) and
explicitly provides tree replacement alternatives.
(c) The Department shall approve an alternative landscape enhancement plan when:
(i) The design preserves and incorporates existing vegetation; and
(li) The design exceeds the minimum requirements or equivalent of Section 24-49.4(2).
(d) Preservation credit for relocated trees. Permittees who successfully relocate trees shall receive
full credit for the relocated trees and the tree replacement requirements herein shall not apply to
such relocated trees. All relocated trees shall meet the standards set forth in Section 24-49.6 for
tree relocation.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord, No. 08-55, § 2, 5-6-08)
Sec. 24-49.5.- Tree protection requirements during construction.
(1) During site development, protection requirements for trees designated for preservation under an
approved tree removal permit shall include, but not be limited to, the following:
(a) Protective barriers shall be placed around each tree, cluster of trees, or the edge of the
preservation area no less than six (6) feet (In radius) from the trunk of any protected tree, cluster
of trees, or preservation area unless a lesser distance is specified by the Department. Protective
barriers shall be a minimum of four (4) feet above ground level and shall be constructed of wood,
plastic or metal, and shall remain in place until development is completed and the Department
has authorized their removal. Protective barriers shall be in place prior to the start of any
construction.
(b) Understory plants within protective barriers shall be protected.
(c) No excess oil, fill, equipment, building materials or building debris shall be placed within the
areas surrounded by protective barriers, nor shall there be disposal of any waste material such
as paints, oils, solvents, asphalt, concrete, mortar or any other material harmful to trees or
understory plants within the areas surrounded by protective barriers.
(d) Trees shall not be braced in such a fashion as to scar, penetrate, perforate or otherwise inflict
damage to the tree.
(e) Natural grade shall be maintained within protective barriers. In the event that the natural grade of
the site is changed as a result of site development such that the safety of the tree may be
endangered, tree wells or retaining walls are required.
(f) Underground utility lines shall be placed outside the areas surrounded by protective barriers. If
said placement is not possible, disturbance shall be minimized by using techniques such as
tunneling or overhead utility lines,
(g) Fences and walls shall be constructed to avoid disturbance to any protected tree. Post holes and
trenches located close to trees shall be dug by hand and adjusted as necessary, using
techniques such as discontinuous footings, to avoid damage to major roots.
• (2) Exceptions to the provisions of Section 24-49.5(1). Exceptions to the requirements of Section 24-49.5
(1) shall be approved only when the permittee receives specific written authorization from the Director
or the Director's designee. The Director or the Director's designee shall not issue written approval
unless the Director or the Director's designee determines that the affected tree(s) can be adequately
protected withoutmeeting the requirements of Section 24-49.5(1),, or due to exceptional circumstances
it is not practical or reasonable to meet the requirements of Section 24-49.5(1).
(3) If the requirements of Section 24-49.5(1)(a) through (g) are not adhered to by the permittee and the
trees are effectively destroyed, then all such trees shall be replaced according to the standards of
Section 24-49.4(2), in addition to being subject to the penalty provisions of Sections 24-29, 24-30 and
24-31 of the Code of Miami -Dade County.
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(Ord: No. 04-214, §§ 1, 5, 12-2-04; Orcl. No. 08-55, § 2, 5-6.08)
Sec. 24-49.6.- Tree relocation standards.
The relocation of any tree that is subject to the provisions of this article shall be consistent with the
following minimum standards:
(1)
Trees other than palms:
(a) Tree roots shall be severed in such a manner as to provide a root ball which is sufficient to
ensure survival of the tree when relocated. A sufficiently -sized planting hole shall be
provided at the relocation site to ensure successful regrowth.
(b) After root severing, adequate time shall be allowed prior to replanting to ensure survival of
the tree(s). After root severing and prior to relocation, tree(s) shall be watered a minimum
of twice weekly. After relocation, tree(s) shall be watered a minimum of twice weekly until
the tree(s) are established.
(c) During removal and transportation of the tree, the root ball and vegetative portions of the
tree shall be protected from damage from wind or injury.
(d) Any tree that dies or becomes nonviable within one (1) year of relocation shall be replaced
according to the standards set forth in Section 24-49.4(2).
(2) Palms:
(a) A ball of earth at least one (1) foot from the base of the tree shall be moved with the tree..
(b) Fronds shall be securely tied around the bud prior to relocation and shall remain securely
tied around the bud during the entire relocation process and for a minimum of one (1)
week after relocation.
(c) The bud shall be protected from damage or injury during relocation.
(d) Any palm that dies or becomes nonviable within one (1) year of relocation shall be
replaced according to the standards set forth in Section 24-49.4(2).
(Ord. No. 04-214, §§ 1, 5, 12-2-04)
Sec. 24-49.7.- Permit issuance, confirmation of natural forest community maps,
existing permits, approvals and consent agreements.
(1) The Department shall deny an application, or approve an application and Issue a permit (subject to
conditions, limitations or restrictions), for the activity proposed under the permit application, provided:
(a) The required application fee and permit fee is submitted to Miami -Dade County.
(b) A performance bond, if required, has been posted. As a condition of issuing a tree removal
permit, the Department may require the posting of a performance bond to guarantee compliance
with all other conditions, limitations, and restrictions of the tree removal permit (the permitted
activity), including, without limitation, planting of all required replacement trees. The bond shall
be equivalent to one hundred (100) percent of the estimated cost of the permitted activity and
may be in the form of a letter of credit, surety, cash, or certificate of deposit. All performance
bonds shall remain in force for a minimum of either one (1) year after the actual completion date
of the permitted activity (to ensure that any replanted trees which perish are replaced), or until
viability of all replanted trees has been achieved, .whichever occurs last. However, at the
discretion of the Director or the Director's designee, performance bonds may be partially
released in phases based upon partial completion of planting or other permit requirements.
(c) All required plans or covenants are submitted and are in compliance with the standards herein.
(2) All permits shall clearly specify all conditions, limitations and restrictions required by the Department.
The permit applicant shall acknowledge that the permit applicant fully understands and agrees to
comply with all of said conditions, limitations or restrictions by signing the permit prior to its issuance.
(3) All tree removal permit applications which remain incomplete for a period of one hundred twenty (120)
days shall be denied. A new tree removal permit application shall be required for all work previously
proposed under a permit application which has been denied.
(4) The natural forest community maps approved by the Board of County Commissioners on December 12,
1984, by Resolution No. 1764-84, all tree removal permits issued pursuant to Chapter 26B, Department
approvals, and all consent agreements executed in order to resolve alleged violations of Chapter 26B of
the Code of Miami -Dade County, Florida, are hereby confirmed and shall remain in full force and effect,
and all conditions, restrictions and limitations contained therein shall continue to apply, and compliance
therewith shall be enforceable pursuant to the provisions of this chapter.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)
Sec. 24-49.8.- Permit fees; schedule. I
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The Department shall charge and collect application and permit fees and trust fund contributions at the
rates established by separate administrative order which shall not become effective until approved by the
Board of County Commissioners. Applications from government agencies for tree removals in areas dedicated
to public use may, in the discretion of the Director, be exempted from application fees and permit fees.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)
Sec. 24-49.9.- Prohibited plant species.
(1) With exception of Ficus benjamina, the list of exotic pest plant species that may not be sold, propagated
or planted anywhere in Miami -Dade County pursuant to Policy 81 of the Conservation Element of the
Comprehensive Development Master Plan for Miami -Dade County, Florida, as may be amended from
time to time, is hereby incorporated by reference. If present on a development site, they shall be
removed prior to development, and their sale, propagation, planting, importation or transportation shall
be prohibited.
(2) Definitions for Section 24-49.9(1), Sections 24-49.9(3)(a), 3(b), and 3(c):
(a) Importation shall mean the conveyance by any means of plants into Miami -Dade County.
(b) Planting shall mean the placing on or setting into the ground of live plant material.
(c) Propagation shall mean the physical act of causing plants to multiply by any process of
reproduction from plant stock.
(d) Sale shall mean the act of transferring or conveying plants to a purchaser for consideration.
(e) Transportation shall mean the act of carrying or conveying plants from one (1) place to another
for the purpose of sale, planting, importation or propagation.
(3) Variances.
(a) A variance by the Director from the transportation, propagation and planting prohibitions of this
section may be requested, subject to the conditions justifying variance approval outlined below in
Section 24-49.9(3)(b)(i) and (ii). Said variance request shall be made in writing to the Director
and shall include the following information:
(i) Name and address of the person or persons requesting the variance.
(ii) Location of the property for which the variance is requested.
(iii)
A sketch or drawing indicating the location within the subject property where the planting
or field propagation of the otherwise prohibited plant species will occur. (Container
propagation shall be exempt from said sketch or drawing requirements.)
(iv) The reason or reasons for requesting the variance.
(b) The Director may, in the Director's discretion, issue a variance from the provisions of this section
based upon the following factors:
(i) Proximity of the subject planting or propagation to any environmentally sensitive areas
(e.g., wetlands, hammocks, pinelands, dunes).
(ii) Lack of appropriate alternative plant species to fulfill the same purpose or purposes for
planting.
(c) The Director shall issue or deny a variance request within thirty (30) days of receipt of the
variance request, provided the required information described in Section 24-49.9(3)(a)(i) through
(iv) above has been submitted.
(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)
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