§ 10-60. Discharges, contamination assessment, remedial action.

(a)

Discharge reporting. A discharge of a hazardous waste to the soils, surface water or groundwater in the county shall be reported immediately to the department within two hours from the time the facility owner or operator knows or has evidence of the discharge. A written report that describes the discharge, actions taken to stop it and prevent a recurrence and actions taken to mitigate human health and environmental impacts shall be provided to the department within two working days following the report of the discharge.

(b)

Preliminary contamination assessment. Within 30 days of a discharge, the facility owner or operator shall submit a written preliminary contamination assessment plan (PCAP) to the department.

(1)

The department shall review and comment on the PCAP within 30 days of receipt.

(2)

The facility owner or operator shall implement the PCAP within 30 days of approval of the department.

(3)

If indicated by the results of the PCAP, the department may require additional contamination assessment or remedial action in accordance with FDER guidelines.

(c)

Initial remedial measures.

(1)

When a discharge occurs, a facility owner or operator shall implement its contingency plan and follow emergency procedures as set forth in the approved hazardous wastes management plan and shall take other immediate action as necessary to minimize hazards to human health and the environment.

(2)

The department may require additional initial remedial measures pending final approval of contamination assessment and/or remedial action plans. These initial remedial measures may include, but are not limited to, removal of hazardous waste remaining in the failed storage container or treatment facility, repair of the failed storage container or treatment facility before returning it to service, containment and removal of discharged material from the environment, removal of contaminated soil or water, reduction of surface water infiltration in the contaminated area, and disposal of all wastes in a manner approved by the department.

(3)

The department or its agents or employees may enter the facility to accomplish the result contemplated in this section if it determines that the facility owner or operator is unwilling or unable to take appropriate remedial measures.

(Ord. No. 90-59, § X, 11-19-90)