ARTICLE VII. SMALL QUANTITY GENERATOR PROGRAM ORDINANCE

Sec. 15-201. Short title.
This article shall be cited as the "Hernando County Small Quantity Generator Program Ordinance."
(Ord. No. 99-08, § 1, 6-8-99)

Sec. 15-202. Purpose.
In order to provide effective hazardous waste management in Hernando County, for the protection of all citizens of the community, the board of county commissioners hereby determines to impose a surcharge on all persons and entities that are identified as potential generators of hazardous waste materials within the county.
(Ord. No. 99-08, § 2, 6-8-99)

Sec. 15-203. Definitions.
The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context otherwise requires:
Conditionally exempt generator: A hazardous waste generator, that generates less than one hundred (100) kilograms (220 pounds) of hazardous waste during a calendar month, and which never accumulates more than a total of one thousand (1,000) kilograms (2,200 pounds) of hazardous waste at any time.
County occupational license: The method by which the county grants the privilege of engaging in or managing any business, profession or occupation within its jurisdiction.
Hazardous waste: A solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to an increase in mortality, or an increase in serious irreversible or incapacitating reversible illness, or may pose a substantial present or potential hazard to human health or the environment when improperly disposed of, stored, treated, or otherwise managed.
Hazardous waste generator: A person or entity, other than a single family household, that produces or engages in any operation, activity or process which produces or results in the production of hazardous waste.
Potential hazardous waste generator: Those businesses or industries which have been identified by the Florida Department of Environmental Protection according to Standard Industrial Classification (SIC) Code, that by the nature of the business or industry, may generate hazardous waste.
Small quantity generator: A hazardous waste generator that generates from one hundred (100) kilograms (220 pounds) to less than one thousand (1,000) kilograms (2,200 pounds) of hazardous waste during any calendar month.
(Ord. No. 99-08, § 3, 6-8-99)

Sec. 15-204. Local occupational license requirement.
No potential hazardous waste generator shall engage in any activity which may result in the generation of hazardous waste in Hernando County without obtaining a current local occupational license.
(Ord. No. 99-08, § 4, 6-8-99)

Sec. 15-205. Surcharge fees.
The amount of the annual surcharge fee to be added to the potential hazardous waste generator's occupational license shall be fixed by resolution of the Hernando County Board of County Commissioners. The amount of such surcharge fee shall be up to the maximum allowed by law. Thereafter, the surcharge fee may be adjusted by resolution of the Board of County Commissioners as necessary, no later than June 30 of each year. The surcharge fee must be paid by the potential hazardous waste generator or the occupational license will not be issued.
(Ord. No. 99-08, § 5, 6-8-99)

Sec. 15-206. Revenue generated by surcharge fees.
All revenues generated by the surcharge fees imposed under this ordinance shall be used to fund a hazardous waste management program in Hernando County. The program shall include the notification and verification of potential hazardous waste generators in the county and the forwarding of this information to the Florida Department of Environmental Protection. This program shall also include the dissemination of educational information of the proper management of hazardous wastes.
(Ord. No. 99-08, § 6, 6-8-99)

Sec. 15-207. Surcharge exemption process.
Any potential small quantity generator that can prove it does not generate hazardous waste shall be entitled to an exemption from the surcharge fee imposed herein. Said exemption shall be requested in writing and submitted to the waste management division/small quantity generator program. All exemption requests must be accompanied by pertinent information and/or documents that substantiate the claim that no hazardous wastes are generated or produced by the business. Verification of the claim shall be made by the waste management division, which may include an on site verification, before the exemption is approved. Any business granted an exemption shall be required to execute an affidavit stating that no hazardous waste is generated by the business, and that if any hazardous waste is ever generated by the business, they shall immediately notify the waste management division/small quantity generator program.
(Ord. No. 99-08, § 7, 6-8-99)

Sec. 15-208. Inspections and access.
The Hernando County Waste Management Division will perform inspections of all potential small quantity generators. All persons or entities who are considered potential small quantity generators shall provide unrestricted access to their property, premises or place for the purpose of ascertaining compliance with this article and state and federal regulations. This access is authorized pursuant to Florida Statutes, section 403.091.
(Ord. No. 99-08, § 8, 6-8-99)