§ 66-23. Definitions.

For the purpose of this article, undefined terms shall be the same as those set forth in 33 U.S.C. § 2701.

Administrator means the village manager, or his/her designee authorized to administer and enforce the provisions of this article.

Beach means that area of unconsolidated material that extends landward from the mean low-water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves.

Coastal system means the upland dune system; beach, mangroves, and other vegetation adjacent to village waters, including the bays, estuaries, and canals; swash zone; surf zone, breaker zone, offshore and longshore shoals; hardbottom communities, seagrass beds, wetlands, and bars; tidal, wind and wave driven currents; longshore and onshore/offshore drift of sediment materials; inlets or their ebb and flood tide shoals and zones of primary tidal influence and all other associated natural and manmade topographic features and structures.

Cost(s) means and includes, but is not limited to:

(1)

Expenses for removal.

(2)

Expenses for restoration.

(3)

Damages for injury to, destruction of, or loss of natural resources. The calculation of natural resources damages may use those methods set forth in F.S. ch. 376, the Oil Pollution Act of 1990, or any of the respective state or federal rules implementing same.

(4)

Damages to real or personal property recoverable by a person who owns or leases property.

(5)

Economic losses equal to the net loss of taxes, royalties, rents, fees or net profit shares due to injury to or destruction of real property, personal property, or natural resources.

(6)

Loss of profits or earning capacity due to the injury to or destruction of real property, personal property, or natural resources.

(7)

Net costs of providing increased or additional public services during or after removal, including protection from fire, safety or health hazards, caused by a discharge of oil, recoverable by the village.

(8)

Expenses for any investigation, natural resources assessment, air quality assessment, health assessment or health effects studies necessitated by the discharge of oil.

(9)

Health care costs for persons or animals injured by the discharge of oil.

(10)

Labor, including benefits, overtime and administrative overhead.

(11)

Equipment expenses including but not limited to those from operation, leasing, repair and replacement of equipment where necessary.

(12)

Contract labor and equipment.

(13)

Labor and equipment obtained directly by the village or obtained by an agent of the village on behalf of the village.

(14)

Materials such as sorbents, foam, dispersants, neutralization agents, overpack drums or containers, etc.

(15)

Supervision and verification of removal.

DEP means the Florida Department of Environmental Protection, or its successor.

Discharge of oil means any emission, intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, dumping, escaping, or migration of oil that results in any oil entering any village waters or upon any coastal system. It also includes any threatened condition creating substantial probability of harm wherein it is reasonably necessary to take immediate action to prevent, reduce, or mitigate damage to persons, property to the environment.

Facility means any building, equipment, structure, installation, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, offshore facility, onshore facility, offshore drilling unit, mobile offshore drilling unit, rolling stock, or aircraft. It shall also mean any site or area where oil is otherwise located, deposited, stored, disposed of or placed.

Oil means oil of any kind or in any form or mixture, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with waste.

Person means any individual person, firm, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user, owners, operator, state, political subdivision of a state, or municipality.

Remove or removal means any action to contain, isolate, remove, remediate or dispose of any discharge of oil from village waters or coastal systems for the purpose of minimizing or mitigating damage to the public health or welfare.

Restore or restoration means actions taken consistent with a permanent remedy to mitigate or correct harm caused by discharge of oil into the environment, including wildlife treatment, rehabilitation, and relocation; fisheries management and restoration; and habitat management and restoration, including for beaches, seagrasses, mangroves and other shorelines.

Special magistrate means a person appointed pursuant to Village Code to hold hearings, assess fines, and order mitigation for violation of village ordinances.

Village means Islamorada, Village of Islands.

Village waters means any village waters, whether contained within boundaries created naturally, artificially or diffused, including, but not limited to, the Gulf, bays, canals, estuaries, and wetlands extending 1,200 feet into the tidal waters adjacent to the village's corporate limits as described in Section 10 of the Village Charter and Laws of Fla. ch. 2000-408.

(Ord. No. 10-08, § 2, 6-10-2010)