EMERGENCY GENERATORS INSTEAD OF EQCB

Recreation, Tourism, and Resiliency Committee · 2026-09-09 · ordinance

Ordinance amending Miami-Dade County Code sections 24-5, 24-18, and 24-43 to authorize administrative approval of emergency generators for healthcare facilities and food stores within wellfield protection areas, subject to conditions, instead of requiring a public hearing before the Environmental Quality Control Board. The ordinance was adopted on first reading on 7/21/2026 and forwarded to the Board of County Commissioners with a favorable recommendation following a public hearing on 9/9/2026. The scope is countywide. No negative fiscal impact to the County is anticipated. The ordinance is part of efforts to streamline regulations and reduce permitting timeframes. The State of Florida Agency for Health Care Administration requires hospitals, nursing homes, assisted living facilities, and ambulatory surgery centers to have a Level 1 Emergency Power Supply System. Section 8B-17 of the Code requires food stores containing more than 40,000 square feet of floor area to provide an alternate source of power. The ordinance allows fuels for emergency generators for health care facilities or food stores on a property within the basic wellfield protection area provided conditions are met, including: property served by utility water and utility sanitary sewers; property located more than 30 days travel time from any utility potable water supply well; property not located within the Northwest Wellfield protection area and West Wellfield Interim protection area; property located within the Urban Development Boundary; fuels contained within an above-ground storage facility approved pursuant to section 24-15(5); secondary containment system consisting of double-walled tanks and double-walled piping; for food stores, fuels shall not exceed 1,500 gallons per facility; for health care facilities, volume of fuel shall not exceed volume required to comply with emergency power supply system requirements; a groundwater monitoring plan approved by the Director required for any storage tank in which secondary containment is exposed to the environment and will accumulate stormwater; and an operating permit obtained pursuant to section 24-18. A review of EQCB cases from 2020 to 2025 indicated approximately eight variances were granted related to placement of emergency generators for healthcare facilities within wellfield protection areas. RER and DERM have consistently recommended granting requested variances for all EQCB cases related to emergency generators for healthcare facilities and food stores, provided applicants comply with specific operating criteria. The ordinance will become effective ten days after the date of enactment unless vetoed by the Mayor.