5588-94 ORDINANCE N'O.. 5588-94
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AN ORDINANCE CF THE CITY OF CLEARWATER,
FLORIDA RELATING TO THE STORMWATER SYSTEMS
WtTHINti THE CITY; CREATING A NEW ARTICLE X OF
CHAPT R 3 2, CODE OF ORDINANCES, CONSISTING OF
SECTIONS 32 . 391 THROUGH 32 . 399; PROVIDING A
STATEMENT CIF PURPOSE AND INTENT; PROVIDING
DEFINITE,IONS - REGULATING CONNECTIONS TO THE
STOR IVITATER SYSTEM; PROHIBITING, LIMITING
CERTAIN DISCHARGES PROVIDING FOR INSPECTION
AND MICINITORING; ` PROVIDING PENALTIES;; PROVIDING
CIVIlL 'REMEDIES; PROVIDING AN EFFECTIVE DATE. ,
WTHEREAS, the Federal Water Pollution Control Act, also known
as the Clean V+TatE=r Act (33 U. S. C. 1251 et seq. ) (the "Act" ) ', as
implemented by ;regulations' of the U.S . Er-ironmental Protection '
.�nCy (EPA) adoF} pd November 1 1990 (40 CFR Part 122) , requires
the adoption ' of local ordinance provisions relating to the
stormwater syst ri; and
WHEREAS, the City Commission of -
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�ne C i ty o f C l ea rw ter,
Florida, is empowered to construct, manage, operate, and cQntrjol a
stormwater sypte;m; and to regulate connection to such system
pursuant to,its home rule powers under the Florida Constitution) and
pursuant to the Act; and
WHEREAS, .the City ommission hereby finds and determines that
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the regulations adopted by this ordinance are the least restrictive
means necessary to achieve the desired goals and promote ) and
protect the public, health, safety and welfare of the citizens of
Clearwater, Florida; and
WHEREAS, this ordinance pertains to the regulation of watE,llr of
the City aid ,the 'regulation of any activity tending to pollute the
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WHEREAS, compliance: with the ordinance does not eliminateil'the
responsibility of complying with other applicable EPA, Department
of Environmental Protection, or Southwest Florida Water Managerent;
District regulations; now, therefore,
BE IT ORDAINED BY ;THE `CITY COMMISSION OF THE CI ['Y 'OF
CLEARWATER,f FLORIDA.
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Section I A new Article X of Chapter 32 , Coded of
Ordinances, ' cgnsisting of Sections 3- 391 through 2 . 399, ; is
created to read:
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ARTICLE I CEE
�. S TORMWATER SYSTEMS
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'Sec. 32091. Ir tent.
The ur ps�e and intent of this article is to maintain
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efficient, ecop(Dmic and safe operation of the stormwater, system,
and to protect the health, safety, and general welfare of lthe
public within the City of Clearwater. This article is intended to
prevent and abate pollution through the regulation and contro:L of
connections and discharges to the City stormwater system and to
limit the use of the City stormwater system to the coll ection,
conveyance, treatment, and disposal of stormwater through
appropriate regulation and enforcement. . The prohibitive discharge
standards contained herein were developed under the authority of
Section" 5 of tI Act and 40 CFR 122, applicable Department: of
Environmental ]Protection (DEP) and. Southwest Florida Water
Management Dish-- ct (SWFWMD) regulations, and the home rule power
of the City;.
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The fels�.��:�.�g d'e�_.�n�.tion.s shall apply to thy.. p���r�s.�ons l cf
this article.
(1) "Authorized official'! means any employee or agent of he
City. authorized by the ` director to administer car, enforce he
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provisions of! this article.
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'(2) Di4le,ctos y- means', the Director of the Public Wo ks
Department of th4e City. a
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(3)' 1'pischarcre!' means any direct or indirect introduction of
any solid, li6u�id 'or gaseous matter.
(4) !'Illii.t: discharge" 'mean's any discharge to the stormwa er
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system that i's not composed, entirely of stormwater, except
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discharges pursu ant to a =National Pollutant Discharge Eliminat on
System ( P E J hermit other than an NPEES permit held by the (#:y.
(.5) 1 Si. el of Industrial Activity" means any area or facil , �y
used for manuf4dturing, processing or raw materials storage, as ?
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ned under 4I® CFR Section 122 ;'26 Oki} (14',} of regulations of he-
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U. S. Environmental Protection Agency, as amended.
(6) "Stor water" means any stormwater runoff, and surf, ce
runoff and drainage.
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(7)', "Stormwater System" means all facilities man-m de
structures, a nal natural: watercourses used for collecti ng nd
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conducting stiormwater to, through, and from drainage areas to and
including points of final outlet . A stormwater system may incll�de
any and all pf, ,the <followncg, . inlets, conduits appurtenant
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features, canals, creeks, lakes, channels, catch basins, ditches,
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s re ns, gulches, gull"j.es, ZE-Lu tes c-4A_,,rerts, siphons retent-0T2- or
detention basins, dams, floodwalls, levees and pumping static�n.s;
but not including any facilities intended to be used in accordance
With applicable law for collecting and transporting sanitary or,
other wastewater .
Sec. 32 1393 . Ind activity.
( ) General Prohibitions. Any discharge into the' stormwalter
system in violation of any federal, state, water manageIT L
district, counity, rriunic pal o-r 'other law, rule, regulation or,
permit (including but not limited, to 40 CFR Part 1`221. is
prohibited.
(2) NPDES Permits. Any person who holds an NPDES permit sh�all
provide ' a copy, of such permit to the Director no later than the
later of : 60 calendar days after the effective date ofi this
article or 60 calendar e,„s_ . after issuance of an NPDES pei.At .l
Sec. i32 .3914. Illicit discharges.
(1) ' Genera]L Prohibitions . Except as provided in Subsectlion
(3 ) or as may be in accordance with a valid NPDES permit, any
discharge to the' sstormwater system that is not composed'entI rell�r of
stormwater is prohibited.
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(2) Specific Prohibitions . Any discharge to the stormwater
systeft Containing any sewage, industrial waste or other waste
materials, or containing any materials in violation of fede4l;
state, county, municipal, or other laws, rules, regulations, orders
or permits, is prohibited.
(3 ), Authorized Exceptions. The following discharges pare
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exempt frd,m t_le! p--r o;a'-L t o— serf fort—In in Sub- e, t ?oln �
this section. H?ows from fire fighting, water line flushing; and
other contributions from potable water sources; landscape
irrigation and lawn watering, irrigation water, diverted stream
flows, risinglgroundwaters, direct infiltration to the stormw ter
system, uncontaminated pumped groundwater, foundation and 'footing
drains, waat�r from crawl space pumps, air conditioping
condensation, springs, individual residential car washings, and
flows from riparian habitats an wetlands.
(4) Illicit ` Connections. No person may maintain, use or
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establish any direct or indirect connection to the stormw� ter '
system that results in any discharge in violation of this secton. '
This prohibition applies to connections made prior to the effective
date of this article, regardless of whether made under 'a permit; or
other authorization, or 'whether permissible under laws or practices
applicable or prevailing at the time the connection was made. '
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Sec., 32 .395 . Spills and dumping
As soon as any person has knowledge of any discharge to! the
stormwater, syst:em in violation of this article, such person shall
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immediately;not if the City Environmental Management Group (EMCIa) by `-
telephone, and, if such person is directly or indirectly responsible
for such discharge, then such person shall also take immedliate
action to ensure the containment and clean up of such discharge and
shall confirm such telephone notification in writing to the EMG
within three calendar days .
Sec.
Ct�.C�E1�3 .s`37CSd �1®Il7.to�'1.E:t
C. 3 2,.�„� 7
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i..rt.at<:)ri. ' t or Insoect Lions . Whenever to a'ke an
ins'pection to l:rtforcen any o1 he provisions of i.his a 4..iCie,s .�..j.L
regulation =or permit issued hereunder, or whenever an autwioi ized
official has reasonable cause to believe there.exists any condition,
constituting a 'violation of any of the provisions` of this 'artj�cle,
or regulation or permit issued hereunder, any authorized offjc.Lali
may enter anyJ property, building or facility at any reasonable time
to inspect ;the same or to per any duty related to enforCE'Ment
of the provisions of this article or any regulations I or permits
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issued hereunder; provided that (1) ' if such property, buildincr or
facility .i's{ occupied, such authorized official shall first present
` p ^riper cred�nt:ials `and request permission to enter, and (2) if l such'
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property, bui�l_dinc3 or facility is unoccupied, such authozl�ized
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official Shall make a reasonable effort to locate the owneir or
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other person having charge or control of the property, building or
facility, and shall request: permission to enter. Any request for
permissionJtd enter made hereunder shall state that the owner or
person in eontrol has .the right to refuse entry, ` and that in 'Isuch'
event that !en!try is refused, the authorized official may enter to
make inspection. only upon issuance of a search warrant by a ' duly
authorized magistrate. If the owner or person i� control refuses
permission , to enter after such request has , been made, the
authorized official is hereby authorized to seek assistance frcM
any court of ccrriapetent jurisdiction in obtaining entry. R.outil e or
area-wide inspections shall be based upon such reasonable selection
processes as may be necessary to carry out the purposes of ' this
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art :.:. 'sa
including r �ns�� rcr
_ i c,l � ing _but: not limited to random sami3' and
in areas with evidence of stormwater contamination, non-stornl�water
discharges', or similar factors.
(2) Authority for monitoring and Sampling. Any authcprized
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official `may .install and maintain such devices as are necessary to
conduct sampling or metering of discharges to the storn�water
system.. During any inspections made to enforce the provisions of
this '. artitl' or regulations or permits yssued hereunder, any
authorized official may take any samples deemed necessary.
(3) ague cements' For Monitoring. The Director may require any
person enrgag'ing in any activity, or owning any property, build_�ng or
facility (inc:iuding but not limited to a Site of InIdu6trial
Activity ) tol undertake such reasonable monitoring of any discharge
to the storMwater system and to furnish periodic reports.
sec.' ;3 21. 397. Administrative Order.
The Director may issue an order -co any person to immediately
cease any discharge, or eliminate any connection to the storm-,,ater
system, determined by the Director, to be in ' violation of any
provision of this article, or in violation of any regulation or
permit issued hereunder.
Sec.' 32.-398 . Penalties.
,Failure '1:o comply with the requirements of this article or any
permit or .approval granted or 'authorized hereunder, or to comply
with an order: issued by the Director to cease any discharge 'or ,
eliminate any connection to the stcrmwater system, shall constitute
a violation 'E this article . Violations of the provisions o;E this
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e shall ux.on cony=Fct ion be punished by a fine not `to exceed
$1500 per da s prc vided in Section 1 . 12 . if a violation sh uld
continue after service of a ]Notice of violation or an order issued
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by the Director, each day of such violation shall constitute a
separate off6ns>e .
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Sec. 32 .399 . Civil remedies.
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In additl6n to the penalties provided in Section 32 .396,IIIthe
City Commission may institute any appropriate action or proceeding,
including si if injunctive relief, in order to pre�Ternt car a�aate
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violations of this' article . The City Commission may, in such
action or proc€ceding, seek to impose and recover'" a civil penalty
for° each violation of this article in an amount not more than .
$5, 000 for each offense
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adopt P��on�
April 21 1 994 FIRST READING
PASSED .C?N `SECOND AND FINAL READING
A.l"�'D ADOPTED y 5, 1994
Rita Garver
Mayor-Commissioner '
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A est _
cynt4ia, E. Goui dean
Ci ty`J C3 e rk
Approved asito If.orm and correctness
bra° fir , Jr.
City Attorno
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