§ 3.06.11. Exempted Development

The following legally existing and future development is deemed by the BCC to be exempt from the prohibitions, regulations, and standards of construction established by this section as set forth below. These exemptions shall not be construed, or otherwise interpreted to, exempt that development prohibited or regulated in section 3.06.12 hereof.

A.

Wellfield exemption. A wellfield exemption for a particular development shall not automatically expire so long as the development meets the criteria of this section. An exemption for a particular development shall be subject to revision or revocation, pursuant to the procedures in Chapter 10.

1.

The transportation of any hazardous product or hazardous waste shall be exempt from the provisions of this section, provided that the transporting motor vehicle is in continuous transit. This exemption shall not be construed to prohibit the delivery of a hazardous product or the temporary stop of such motor vehicle for such period of time as is necessary for refueling, emergency repairs, and driver comfort.

2.

The use of any petroleum product solely as a fuel in a vehicle's fuel tank or as a lubricant in a vehicle shall exempt the vehicle from the provisions of this section.

3.

The use of fertilizers containing nitrates shall be generally exempt from this section.

4.

The activities of constructing, repairing, or maintaining any facility or of facility improvement shall be exempt from the provisions of this section, provided that all contractors, subcontractors, laborers, materialmen, and their employees or agents, when using, handling, storing, producing, transporting, or disposing of hazardous products or hazardous wastes , continuously use industry standard best management practices to ensure that hazardous products , hazardous wastes , or other contaminants are not discharged or accidentally released.

5.

Application of pesticides, herbicides, fungicides, and rodenticides in any nonresidential pest control and aquatic weed control activity shall not be required to obtain a certificate to operate under this section provided that:

a.

The application of pesticides, herbicides, fungicides, and rodenticides is in strict accordance with federal requirements §§, and as indicated on the containers in which the substance is sold or stored.

b.

The use of pesticides, herbicides, fungicides, and rodenticides is in strict accordance with the requirements of the Florida Administrative Code.

6.

Emergency generators that are accessory to a public utility, and which will provide emergency electrical power to ensure a continuous supply of a public benefit, including, without limitation, a public potable water supply, natural gas, sewer service, and telephone service, shall not be required to obtain a certificate to operate, so long as the state-mandated setbacks and buffers as may be set forth in the Florida Administrative Code, and incorporated by reference in section 3.06.10 hereof, are met and maintained. Emergency generators that are accessory to essential services , such as elevators in condominiums , hospitals , and other publicly accessed places, and which are connected to fuel storage tanks of less than 110 gallons, shall be exempt from regulation under this section.

7.

Retail sales establishments that store, and handle for resale, hazardous products in the substance's original and unopened individual containers, of not more than five (5) gallons or fifty (50) pounds, shall not be required to obtain a certificate to operate.

8.

Electrical power transformers that are necessary equipment to the operation of electric power utilities, which deliver essential electric service of a public benefit, including both distribution and substation power transformers, shall not be required to obtain a certificate to operate, so long as the state mandated setbacks and buffers as may be set forth in the Florida Administrative Code, and incorporated by reference in section 3.06.10 hereof, are met and maintained.

B.

The continued wellfield exemption status of a regulated development shall be dependent upon compliance with the criteria of section 3.06.11(A) and this section. In order to ensure compliance with the criteria of section 3.06.11(A), the County may inspect the premises of the regulated development at reasonable times and after reasonable notice and consent of the owner and/or operator. Where consent has been withheld, the County may obtain an inspection warrant in the same manner as provided for in § 403.091, F.S. Agents of the County shall be provided with official identification, and shall exhibit this identification prior to any inspection.