§ 73.102. Powers and duties.

The Board shall have the following powers and duties:

(a)

To study and promulgate appropriate rules reasonably necessary for the implementation of the intent, enforcement, administration and interpretation of ordinances of the City regarding effective and continuing control and regulation of environmental quality within the City. The Board shall cause a notice of a public hearing with respect to rulemaking to be published at least once in a daily newspaper regularly published and with a general circulation in the City not less than 14 days nor more than 30 days prior to the public hearing.

(b)

To make continuing studies, pollution surveys, plant efficiency tests, periodic reports and recommendations for the improvement of environmental quality in the City and for the conservation and protection of the natural environment surface including surface areas, air, surface water and underground aquifers, noise and toxic materials.

(c)

To work in cooperation with the State Department of Environmental Protection, the State Department of Health Services, the United States Geological Survey, the Environmental Protection Agency and other local, state and national agencies and groups interested in the field of environmental quality control.

(d)

To investigate pollution control programs and conservation programs in operation in other areas to make improvements in the regulation, administration and enforcement of environmental quality control in the City; publicize the importance of adequate pollution control, hold public hearings, discussions, forums and institutes, and arrange programs for the presentation of information by experts in the field of pollution control, water supply and conservation and visit and study environmental quality control programs conducted in other areas.

(e)

To require persons engaged in operations which may result in pollution to file reports which may contain information relating to location, size of outlet, height of outlet, rate and period of emission, composition and concentration of effluent and such other information as the Board shall prescribe to be filed relative to pollution.

(f)

To consult with a person proposing to construct, install or otherwise acquire a pollution control device or system to the extent of limitations on staff time and availability in regard to the efficacy of the device or system or the pollution problem which may be related to the source, device or system. Nothing in a consultation shall be construed to relieve a person from compliance with applicable ordinances, rules of the Board or any other provision of law.

(g)

To conduct investigations and hearings on complaints and take testimony on a matter under its jurisdiction. Any member of the Board may administer oaths and request the Committee on Public Health and Welfare to issue subpoenas for the attendance of witnesses or the production of evidence at investigations and hearings before the Board.

(h)

To enforce the provisions of pollution ordinances of the City and the rules promulgated by the Board.

(i)

To petition the proper state agency or department for a reclassification of streams within the City and for approval of the water pollution control programs established by law.

(j)

To issue appropriate orders for the enforcement of pollution standards and for the installation of anti-pollution devices or for the institution of practices necessary to insure compliance with Board rules and the laws of Florida and to order the posting of bonds by persons subject to the jurisdiction of the Board, up to a maximum of $50,000, to ensure compliance with the orders of the Board.

(k)

To devise, record and utilize policies and procedures for the conduct of Board and Board committee business. The internal policies and procedures must be approved by a majority vote of Board members.

(l)

To grant variances requested by pollution sources from local pollution standards which are more stringent than state or national standards but only after a duly noticed public hearing.

(m)

The Board shall have general authority over the execution and enforcement of the Groundwater Resource Management Program and shall hear and determine appeals from the orders and actions of the Director. The Board shall make all necessary rules and regulations for the implementation and administration of the Groundwater Resource Management Program, including the Water Shortage and Water Conservation plans and well permitting pursuant to Chapter 366 City Ordinance Code.

(n)

The Board shall have general authority over the execution and enforcement of the Hazardous Regulated Substance Program and shall hear and determine appeals from the orders and actions of the Department. The Board shall make all necessary rules and regulations for the implementation and administration of the Hazardous Regulated Substance Program, pursuant to Chapter 365.

(o)

The Board shall oversee the compilation and distribution of data, on an annual basis and using existing available resources, on water quality within Duval County, including drinking water, surface water, and groundwater. The information shall be provided to CPACs and registered neighborhood organizations in a format so that it can be organized or reviewed by Council District, Planning District, or other identifiable area.

(p)

The Board shall, with the support of the Environmental Quality Division, provide data, on at least a quarterly basis and using existing resources, on incidents of chemical spills, water pollution, groundwater contamination, and other relevant hazards as received by the Environmental Quality Division, to the public. The information shall be provided to CPACs, registered neighborhood organizations and by posting such information on the City website.

(Ord. 68-16-40, § 5; Ord. 69-610-563, § 7; Ord. 70-650-526; Ord. 71-397-181; Ord. 73-936-459, § 4; Ord. 78-1356-725, § 1; Ord. 80-715-354, § 2; Ord. 83-591-400, § 1; Ord. 84-674-684, § 7; Ord. 89-409-671, § 2; Ord. 94-964-700, § 4; Ord. 2015-2-E , § 1)

Note— Former § 50.103.