§ 12.03.06. Environmental control board.

A.

Establishment and composition. An environmental control board is hereby established, which shall consist of five members to be appointed by the board of county commissioners, each for a term of three years. Prior to March 1, 1995, the board of county commissioners shall appoint two members who shall serve for a term of three years; shall appoint two members who shall serve for a term of two years; and shall appoint one member and an alternate who shall serve for a term of one year. Subsequent appointments or reappointments shall be for a term of three years. The composition and representative membership of the environmental control board shall be as follows:

1.

One member shall be a lawyer (duly licensed to practice law in the State of Florida) recommended to the board by the Okeechobee County Bar Association.

2.

One member shall be a medical doctor (duly licensed in the State of Florida) recommended to the board by the Okeechobee County Medical Society.

3.

One member shall be an engineer (duly licensed in the State of Florida).

4.

Two members shall be citizens not in one of the three categories above.

B.

Powers and duties. The board shall have the following duties, functions, powers and responsibilities:

1.

To hear appeals by persons aggrieved by actions or decisions of the environmental control officer not already referred to the state attorney for criminal prosection; consider the facts material to such appeals, and render a decision promptly. Such decision may affirm, reverse, or modify the action or decision appealed from, provided that such decision shall not be in conflict with the provisions of this code.

2.

To conduct due process hearings into the merits of alleged violations of this code.

3.

To issue, after due process hearing, injunctive orders including orders providing for affirmative relief, against persons found to be in violation of this code.

4.

After due public hearing upholding a violation, to reach a decision setting forth such findings of fact and conclusions of law as are required in view of the issues presented. The decision shall contain an order which may be framed in the manner of a writ of injunction requiring the violator to conform with either or both of the following requirements:

(a)

To refrain from committing, creating, maintaining, or permitting the violation.

(b)

To take such affirmative action as the hearing board deems necessary and reasonable under the circumstances to correct such violation.

5.

To issue orders imposing civil penalties of up to $500.00 for each day of violation against persons found to have violated this code.

6.

To issue subpoenas to command the appearance of any person before a hearing at a specified time and place to be examined as a witness; such subpoenas may require such person to produce all books, papers, and documents in his possession or under his control, material to such hearings.

7.

To administer oaths to any or all persons who are to testify before the board.

8.

To assess attorney's fees against the violator, in favor of Okeechobee County.

9.

To adopt rules for the conduct of its hearings not inconsistent with the provisions of this code.

10.

The board shall adopt, revise, and amend from time to time appropriate rules necessary for the implementation and effective enforcement, administration, and interpretation of the provisions of this code, and shall provide for the effective and continuing control and regulation of the environment in the county within the framework of this code. When approved by the board and filed with the clerk of the board of county commissioners, and adopted as per the following, such rules shall have the force and effect of law.

(a)

Prior to the adoption, amendment, or repeal of any such rule, the board shall give public notice of its intended action, setting forth a short plain explanation of the purpose and effect of the proposed rule, and a summary of the proposed rule, and shall cite this code as specific legal authority under which its adoption is authorized. The notice shall contain the location where the text of the proposed rule can be obtained if such text is not included in the notice. Notice shall be given by the publication at least once, 15 days in advance, in a newspaper of general circulation in the county.

(b)

Any person regulated by the board or having a substantial interest in a board rule may petition the board to adopt, amend or repeal a rule. The petition shall specify the proposed rule and action requested. Not later than 30 calendar days after the date of filing a petition, the board shall initiate rule-making proceedings under this code, otherwise comply with requested action, or deny the petition with a written statement of its reasons for the denial. In addition, the board shall require from those proposing a rule or change a statement of the economic impact of the proposed rule on all persons affected by it.

(c)

The board shall keep a complete record of all rule-making proceedings. In such proceedings, the board may take notice of any material which may be judicially noticed without further proof thereof, and it shall provide that materials so recognized and any evidence presented shall be incorporated into the record of the proceedings. The board, in rule-making proceedings, shall not be bound by strict rules of evidence and procedure.

(d)

The board shall comply with the rules and procedures of the board of county commissioners unless other rules are adopted to govern proceedings.

(e)

The board, at the conclusion of the public hearing, shall adopt, reject or adopt as amended, a rule. Such rule shall be filed with the clerk of the board of county commissioners.

(f)

The proposed rule shall become effective 20 days after being filed or on a later date specified in the rule. After the notice required in paragraph (a) and prior to adoption, the board may withdraw the rule, and make such changes in the code or rule as are supported by the record of public hearings held on the rule and technical changes which do not affect the substance of the rule. Changes supported by the record of a hearing may include withdrawal of the rule in whole or in part. After a rule has been adopted, it may be repealed or amended only through regular rule-making procedures.

11.

The board may make continuing studies and periodic reports and recommendations for the improvements of environmental control in the county, and establish air, water and environmental quality standards in the county, and shall work in cooperation with the appropriate state and federal agencies interested in the field of environmental control.

12.

The board may adopt a seal and alter it.

13.

The board may perform such other duties, functions, and responsibilities as may become necessary to contribute to improvement in the control of the environment in Okeechobee County.

C.

Limitations. The board may not adopt or enforce any rule relating to:

1.

Agricultural operations in the growing, harvesting, or processing of crops and the raising of fowl or animals.

2.

Use of equipment in the performance of such agricultural operations.

3.

Barbecue equipment or outdoor fireplaces used for noncommercial purposes.

4.

Agricultural land clearing operations or agricultural land grading.

5.

Incinerators and heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families.

6.

Fires permitted by any public officer, board, council, or commission when such fire is set or permission given in the regular and authorized performance of duty of the officer, board, council, or commission for the purpose of weed abatement, the prevention or elimination of the fire hazard, or the instruction of employees in the methods of firefighting which is in the opinion of such officer, board, council, or commission necessary, or from fires set pursuant to permit for purpose of instruction of employees of private industrial concerns in methods of firefighting, or for civil defense instruction.

7.

The use of orchard or citrus grove heaters which do not produce unconsumed solid carbonaceous matter at a rate in excess of one gram per minute.

8.

Odors emanating from agricultural operations in the growing, harvesting, or processing of crops or raising of fowl or animals.

9.

Projects of the department of transportation.

10.

Water control districts as governed by the provision of F.S. ch. 298.

11.

Mosquito control districts.

(Ord. No. 94-8, § 1 (12.03.06), 10-5-94)