§ 50-37. Appointment, powers and duties of environmental control officer.
(a)
Appointment; qualifications. There shall be an environmental control officer employed by the county manager in accordance with section 602 of the Home Rule Charter of the county. The officer shall possess experience in the environmental sciences and such other qualifications as the county manager may prescribe.
(b)
Powers and duties.
(1)
It shall be the duty of the officer to:
a.
Act as chief administrative officer for all pollution control programs of the county.
b.
Formulate and recommend rules and regulations for consideration by the board.
c.
Act as agent for the county council in all matters relating to its activities and the discharge of its responsibilities pursuant to this article and to article II, section 202.2(3)(a) and (b), of the Home Rule Charter.
(2)
The environmental control officer shall prepare an annual budget to be submitted to the county manager each year.
(3)
The environmental control officer shall 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, however, that the environmental control officer shall not design or operate equipment or facilities for any person.
(4)
The environmental control officer shall cooperate fully with all federal, state and local pollution control agencies and departments. The environmental control officer shall file all reports required by the state department of environmental protection.
(5)
The environmental control officer shall make studies and observations of pollution conditions in the area of the county. The environmental control officer shall keep himself informed on plans for construction and development within the county and formulate short and long range plans for pollution control within the county.
(6)
The environmental control officer shall immediately inventory all present and future sources of pollution and may locate sampling points and testing procedures necessary to monitor pollution throughout the county.
(7)
The environmental control officer shall disseminate information to the public concerning methods of controlling pollution.
(8)
The environmental control officer shall make periodic reports concerning the status of the program to the pollution control board. The environmental control officer shall receive and consider any suggestions and recommendations of the pollution control board.
(9)
The environmental control officer shall have the right to enter, at any reasonable time, in or upon any public or private property except a private residence, for the purpose of inspecting or investigating conditions relating to pollution or possible pollution of the environment; provided, however, the environmental control officer shall not reveal any confidential information relating to secret processes or to the economics of the operation which may be discovered by him pursuant to any such investigation. Further, the environmental control officer shall have the right to examine records or memoranda relating to the operation of pollution control equipment and to require the submission of periodic operating reports.
(c)
Complaints. All complaints made to the environmental control officer regarding a violation of this article, the pollution control code of the county, or any rules or regulations adopted pursuant thereto, shall be made in a form provided by him; provided, however, this subsection shall not limit the environmental control officer in initiating complaints and issuance of notices as provided in this section.
(1)
Enforcement methods. Whenever evidence has been obtained or received establishing that a violation of this article, the pollution control code of the county, or rules and regulations adopted pursuant thereto has occurred, the environmental control officer may issue a notice to correct the violation or a citation to cease the violation, and shall cause the same to be served upon the violator by personal service or by certified mail or by posting a copy thereof in a conspicuous place on the premises of the facility causing the violation. Such notice or citation shall set forth the nature of the violation and specify a reasonable time within which the violation shall cease or be rectified, commensurate with the circumstances. If the violation is not corrected within the time so specified, the environmental control officer may proceed to initiate a hearing before the board, or in the alternative may, upon having secured consent of the board, refer the matter to the grand jury or proceed by executing an affidavit complaining against the violator and by requesting that a warrant be issued on such affidavit returnable to the county judge's court, as provided by the Florida Rules of Criminal Procedure. As an alternative, or in addition to the correction procedures set out in this section, the environmental control officer may refer the matter to the state department of environmental protection for enforcement action. As an alternate enforcement mechanism, the environmental control officer or his duly authorized representative may negotiate and recommend consent orders for approval by the pollution control board. A consent order is an administrative action wherein all parties, by negotiation, arrive at a mutually acceptable resolution of alleged violations of law, rule, regulation or ordinance for the purpose of achieving full and expeditious compliance. Consent orders may contain appropriate language to recover damages, to assess civil penalties and to assess investigative costs. An executed consent order will terminate further local enforcement action unless the terms and conditions are subsequently violated. Failure to comply with all provisions of the consent order will result in immediate referral of a complaint to the pollution control board.
(2)
Initiation of complaint by environmental control officer. The environmental control officer may initiate a hearing before the board against any individual or person for violation of this article, the pollution control code of the county, or rules and regulations adopted thereto. Should the environmental control officer decide to initiate such a hearing before the board, he shall file a written complaint with the county manager in which the environmental control officer shall be designated as the complainant and in which the alleged violator shall be the respondent. As many persons may be joined in one proceeding as are alleged to have participated in the alleged violation.
(3)
Contents of complaint. The complaint shall be in writing and shall include but not be limited to the following: the name of the accused; his last known address; the number and nature of the charges which, if true, would constitute one or more violations of this article, the pollution control code of the county, or the rules and regulations adopted pursuant thereto; and a statement to inform the respondent that he may, but need not be, represented by counsel, that he is entitled to the issuance of process to compel the attendance of witnesses and the production of books, documents or other evidence relevant to the matter to be heard, and that failure to appear may result in a default being entered against him and an action being taken according to the evidence presented to the board.
(4)
Notice for immediate abatement.
a.
Notwithstanding any provisions of this article or any other law, rule or regulation, whenever the environmental control officer finds, after investigation, that any person is causing, engaging in or maintaining a condition or activity encompassed under the jurisdiction of this article, which in his judgment presents an imminent danger to the health, safety or welfare of the people of the county or results in or is likely to result in irreversible or irreparable damages to any natural resources, including plant and animal life, and further finds it would be prejudicial to the interests of the people of the county to delay action until an opportunity for a hearing can be provided, the environmental control officer may, without prior hearing, order such person by notice, in writing, or, where such person cannot be so notified without undue delay, then by such other means as in the environmental control officer's judgment will reasonably notify such person whose practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity. In the notice, the environmental control officer shall specify a time, date and place, not to exceed ten days from the date of the notice, where a person may have an opportunity to be heard and present proof to the environmental control officer that such condition does not violate any provision of this article, the county pollution control code, or the rules and regulations promulgated thereunder.
b.
If at that time the environmental control officer determines that the order shall remain in effect, the person may request the environmental control officer to set a hearing before the pollution control board. Said hearing shall be set for the next regular county council meeting, at which time the county council shall resolve itself into the pollution control board. The order and determination of the environmental control officer shall remain in effect until the hearing. At the hearing, the pollution control board shall be governed by section 50-38(e)(3), as if the matter had been brought before the board under the normal complaint and adjudication procedure.
c.
Any person who willfully refuses to comply with any order of the environmental control officer or who fails to abate, discontinue or alleviate such condition as directed shall be punishable as provided in this article. Each day during which such violation continues shall constitute a separate offense. In addition, the county may seek such other relief as is just and proper, including but not limited to injunctive relief.
(Ord. No. 71-7, § VII, 9-12-71; Ord. No. 73-1, §§ 1, 2, 1-18-73; Ord. No. 87-35, § III, 11-19-87)