§ 26-43. Enforcement.

The director of the Palm Beach County Health Department shall determine compliance with the provisions of this act [article] which relate to sanitary collection, storage, processing, and disposal of solid waste, in accordance with the provisions of Palm Beach County Environmental Control Ordinance No. 78-5 and any amendments thereto. Any and all violations shall be reported in writing and a copy of the official inspection report shall be presented to the violator and a copy of said inspection report shall also be delivered to the executive director of the Authority.

(1)

If any resource recovery or management facility fails to comply with the provisions of the rules adopted by the department or the Authority pursuant to chapter 403, Florida Statutes, or under this act [article], the director of the Palm Beach County Health Department shall give the violator a reasonable time, by formal notice, within which to correct such violation. Should the violation continue beyond the time specified for correction, the director of the Palm Beach County Health Department shall notify the environmental control officer, in writing, of such failure to correct the violation.

(2)

Upon notice of the director of the Palm Beach County Health Department that a resource recovery or waste management facility has failed to correct violations, the environmental control officer shall notify the Palm Beach County Environmental Control Hearing Board of such noncompliance, whereupon the hearing board shall, within 45 days after such notice, order the violator to appear before it to show cause why remedial action should not be taken. Any meetings before the hearing board shall be conducted in accordance with the provisions of Palm Beach County Environmental Control Ordinance No. 78-5 and any amendments thereto.

(3)

If, after due public hearing, the hearing board upholds the violation, the hearing board shall make a decision setting forth findings of fact and such conclusions of law as are required in view of the issues presented. The decision shall contain an order framed in the manner of a writ of injunction requiring the violator to refrain from committing, creating, maintaining, or permitting the violation and take such affirmative action as the hearing board deems reasonable and necessary under the circumstances to correct such violation.

(Laws of Fla., §§ 2, 3, Ch. 2001-331)