§ 3.09. Administration and enforcement.

(a)

The provisions of this regulation shall be administered by the EMD. Enforcement of this regulation shall be provided by the local enforcement agents of the county and the local fire districts. Additional enforcement authority is provided to the DOF as specified in Rule 5I-2, F.A.C. and Chapter 590, Florida Statutes.

(b)

The application for and receipt of a Manatee County permit for open burning or an authorization from the DOF constitutes consent by the landowner or leaseholder to the inspection of the burn site immediately prior to, during, and immediately following the burn as the director may deem necessary for enforcement of this regulation. Refusal to allow inspection will result in the revocation of any approval or permission to burn which has previously been issued and will be deemed a violation of this regulation.

(c)

Any person responsible for unlawful open burning shall bear any and all applicable costs involved in extinguishing the fire.

(d)

The maximum penalty for a first offense or for failure to obtain a permit shall be two hundred fifty dollars ($250.00). Repeat violations shall be penalized at five hundred dollars ($500.00). Additionally, repeat offenders may be denied future burn permits.

(e)

Penalties collected through this regulation shall be deposited in the Manatee County Pollution Recovery Fund, and used only for the purposes authorized by the resolution establishing such fund.

(f)

Delegation of the inspection requirements to a local fire district may be done by interlocal agreement under Section 163.01, Florida Statutes, at the sole discretion of the board. The agreement shall stipulate inspection, reporting and fee collection requirements. The board shall not delegate authority for inspection of Category V fire training burns.

(g)

Violations of this regulation are punishable under the provisions of Section 125.69, Florida Statutes. Upon approval of this program by the FDEP, the penalty provisions contained in Sections 403.141 and 403.161 of the Florida Statutes shall also be available.

(h)

Fee schedules for the issuance for all permits, inspections, permissions and authorizations shall be established by resolution of the board of county commissioners.

(i)

All fees collected as part of this regulation will be the property of the board of county commissioners of Manatee County except as otherwise stated herein.

(Regs. of 9-29-93; Ord. No. 96-23, § IX, 6-25-96)