Ordinance No. 2022-031CITY OF CLERMONT
90-taq, ORDINANCE NO.2022-031
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 CLERMONT, FLORIDA, AMENDING CHAPTER 34, "ENVIRONMENT"
3 OF THE CLERMONT CITY CODE, BY CREATING NEW ARTICLE VI
4 "HAZARDOUS MATERIALS — COST RECOVERY FOR INCIDENTS"
5 SECTIONS 34-150 THROUGH 34-154 PROVIDING FOR INTENT AND
6 PURPOSE; DEFINITIONS; LIABILITY FOR COSTS; COLLECTION
7 AND PAYMENT OF COSTS; METHODS OF ENFORCEMENT;
8 CODIFICATION SEVERABILITY, CONFLICT, ADMINISTRATIVE
9 CORRECTION, PUBLICATION AND AN EFFECTIVE DATE.
10 WHEREAS, the City of Clermont is granted the authority, under Section 2(b), Article
11 VIII, of the State Constitution, to exercise any power for municipal purposes, except when
12 expressly prohibited by law; and
13 WHEREAS, the recovery of taxpayer funds expended in the interest of public health,
14 safety and welfare is a legitimate public purpose; and
15 WHEREAS, the City Council finds that it is in the best interests of the City to adopt this
16 ordinance to ensure, whenever possible, the collection of funds related to the expenditure of
17 resources to promote, support and enhance the City's public safety needs to further the safety,
18 health, comfort, and welfare of all persons of the City; and
19 WHEREAS, the City Council of the City of Clermont, hereby finds this Ordinance to be
20 in the best interests of the public health, safety and welfare of the citizens of Clermont.
21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
22 OF CLERMONT, FLORIDA, as follows:
23 SECTION 1:
24 The foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent and
25 findings supporting this Ordinance.
26 SECTION 2:
27 Chapter 34, `Environment", Article VI, "Hazardous Materials — Cost Recovery for Incidents" is
28 hereby created to read as follows: (underline words depict added language, strikethrough indicates
29 deleted)
30 Sec. 34-150. Intent and purpose; jurisdiction.
31 a This Article is intended to provide for recoveEy of costs incurred in response and
32 recoveU efforts related to hazardous material incidents. In addition it is intended to
33 provide for cost recovM for dama es to natural resources andgovernment-owned
34 properties.
CITY OF CLERMONT
0-0 t % ORDINANCE NO.2022-031
35 (bb) This Article shall apply to emergency and related services provided btry in
36 inco orated and uninco orated Lake County, provided, however, that if this provision is
37 in conflict with a Lake Counjy or another municipal ordinance this provision will not be
38 effective in uninco1porated Lake County or in the municipality to the extent of such
39 conflict.
40 Sec.34-151. Definitions.
41 The following words, terms and phrases when used in this Article. shall have the
42 meanings ascribed to them in this section, except where the context clearly indicates a
43 different meaning:
44 Costs as used in connection with an emergency response are those custom@a and
45 reasonable costs resulting from an emergency and post -emergency response to an
46 incident and shall also include but not be limited to;
47 a All costs incurred to facilitate the removal or cessation of a hazardous materials
48 emergency, or for remedial actions,
49 (b) Costs of any health assessment or health effects study for emergency response
50 personnel carried out as a necessity resulting from a hazardous material incident-,
51 Lc Labor costs including overtime if required and/or unavoidable:
52 (d) The cost of operating, leasing, and maintaining of equipment used specifically for and
53 incurred directly as a result of the incident or the repairing and replacement of equipment
54 where the destruction thereof was caused by the incident and occurred during the
55 response and is not related to the act or omission of a third party or contractor:
56 (e) The cost of disposable materials used in the response, including but not limited to
57 absorbents foam dispersants, neutralization agents, overpack drums or containers,•
58 ( j The cost of contract labor equipment and materials where such are necessitated b a
59 response beyond normal operations of the city and devoted specifically to the incident;
60 and
61 (g) Legal expenses incurred as a result of response activities and for collection activities
62 as set forth herein.
63 Environment refers to water, air, and land including but not limited to streets, sidewalks,
64 paved or unpaved propeqy, vehicles and buildings or other structures.
65 Hazardous material refers generally to any material that because of its quantim
66 concentration physical or chemical characteristicsposes si ificant Present or potential
67 hazard to public health, safety or welfare or to the environment if released into the
68 environment.
CITY OF CLERMONT
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� ORDINANCE NO.2022-031
69 Incident means a release or threat of release of a hazardous substance, hazardous waste,
70 toxic chemical or toxic substance constituting hazardous material.
71 Release means any spilling, leaking, pumping, ourin emitting, emT)t3jng. discharging
72 iniecting, escaping,escapiLig, leaching, dumping, or disposing into the environment which results
73 in an Ifem mency"(including the abandonment or discarding of barrels containers and
74 other receptacles) of any hazardous materials but does not include any consumer product
75 in use in accord with label instructions or those discharges stable in rate and quantily.
76 This term also does not include releases solely within the workplace into those secondary
77 containment or other areas designed to receives illspermitted releases in accordance
78 with applicable local, State or federal law, and those associated with the label instruction
79 use of a consumer product.
80 Res onsible PatU shall meanjointly and severally,
81 (a) AM person, persons or entity whose negligent or willful act or omission proximately_
82 caused such release;
83 (b) The person or persons who owned or had custody or control of the hazardous material
84 at the time of such release without regard to negligence, fault or proximate cause- and/or
85 c The person or persons who owned or had custody or control of or other legal duty
86 with regard to the container which held such hazardous material at the time of such
87 release without re and to negligence, fault or proximate cause.
88 Sec. 34-152. Liabili for costs.
89 a A responsible party shall be liable and obligated for the payment of all costs incurred
90 by the city or its agents for response to and remediation of a hazardous material incident.
91 (b) The city will seek all available remedies at law, to include the provisions of this Article.
92 against any parties res onsible for an hazardous material incident.
93 Sec. 34-153. Collection and 1RUment of costs.
94 a The City Manager or designee shall serve as the cit 's agent for collecting invoices
95 and billing the responsible party for costs.
96 The City Manager or designee shall submit an invoice to the Responsible PmjY or
97 Parties identifying the specific costs incurred and the amount to be reimbursed to the ci
98 The responsible party or parties shall submit payment in certified or guaranteed funds to
99 the city within six 60 days of receiving an invoice.
100 (c) This Article shall not restrict or replace cost recovery from funding sources available
101 under State federal or county regglations. A responsible party subject to cost recove
102 hereunder shall have the right to off -set the balance owed against funds actually received
103 by the city from other sources or to a refund if the amount paid by the responsible art(s)
104 is off -set by reimbursement to the City from other sources such that the Cjjy has
105 recovered in excess of its costs as provided for herein.
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106 Sec. 34-154. Methods of enforcement.
107 a The city may enforce the provisions of this Article by civil action in a court of
108 competent jurisdiction for the collection of any amounts due under this Article plus
109 administrative collection costs and attorney fees or for any other relief that ma be
110 appWriate. A certified copy of a judunent in favor of the cjjy may be recorded in the
ill ublic records and thereafter shall constitute a lien upon any real or Personal prope
112 owned by such erson• and such lien shall be coequal with the liens of all state district and
113 municipal taxes superior in dignily to all other liens titles and claims until paid or
114 extinguished.
115 (b ) This section shall not prohibit the city from j2urslkg any other remedy, whether civil
116 or criminal or from instituting any gppWriate action or proceedings, including injunction
117 in a court of competent jurisdiction nor shall the recoym of extraordinM ex enses under
118 this division in any way release the various parties, or limit them, from legal liability
119 incurred as a result of hazardous material cleanup or abatement as defined under any local
120 state or federal rule or re lgu ation.
121 Sec. 34-155 — 34-159. Reserved.
122 SECTION 3: CODIFICATION
123
124 The text of Section 2 of this ordinance shall be codified as a part of the Clermont City Code The
125 codifier is authorized to make editorial changes not effecting the substance of this ordinance by the
126 substitution of "article" for "ordinance", "section" for "paragraph", or otherwise to take such editorial
127 license.
128 SECTION 4: SEVERABILITY
129
130 If any provision of this Ordinance or the application thereof to any person or circumstance is held
131 invalid, it is the intent of the Council that the invalidity shall not affect other provisions or
132 applications of this Ordinance which can be given effect without the invalid provision or
133 application, and to this end the provisions of this Ordinance are declared severable.
134 SECTION 5: CONFLICT
135
136 All ordinances or parts of ordinances, all City Code sections or parts of City Code sections, and
137 all resolutions or parts of resolutions in conflict with this Ordinance are hereby repealed to the
138 extent of such conflict.
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139 SECTION 6: ADMINISTRATIVE CORRECTION
140 Regardless of whether such inclusion in the Code as described in Section 3 is accomplished,
141 Section 2 of the Ordinance may be re -numbered or re -lettered and the correction of typographical
142 and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
143 designee, without need of public hearing, by filing a corrected or re -codified copy of same with
144 the City Clerk.
145 SECTION 7: PUBLICATION & EFFECTIVE DATE
146 This Ordinance shall be published as provided by law and it shall become law and shall take effect
147 immediately upon its Second Reading and Final Passage.
148 First Reading this 28th day of June, 2022.
149 Second Reading this 12th day of July, 2022.
CITY OF CLERMONT
ORDINANCE NO.2022-031
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida
on this 12'h day of July, 2022.
f� t
ATTESTED:
Tracy ckroyd H e, MMC
City Clerk
Tim Murry, Ma or
LE F ND VAL S ADOPTED:
a
an s, ity ttorney