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5588-94 ORDINANCE N'O.. 5588-94 i 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 - I �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 _Y I 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 1 1 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. i Section I A new Article X of Chapter 32 , Coded of Ordinances, ' cgnsisting of Sections 3- 391 through 2 . 399, ; is created to read: r ARTICLE I CEE �. S TORMWATER SYSTEMS i 'Sec. 32091. Ir tent. The ur ps�e and intent of this article is to maintain p ,P r 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;. 2 Sep n �w a r 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 { provisions of! this article. 9! ,fTy '(2) Di4le,ctos y- means', the Director of the Public Wo ks Department of th4e City. a i i (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 i system that i's not composed, entirely of stormwater, except f . 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 ? 's ned under 4I® CFR Section 122 ;'26 Oki} (14',} of regulations of he- dell r U. S. Environmental Protection Agency, as amended. (6) "Stor water" means any stormwater runoff, and surf, ce runoff and drainage. r (7)', "Stormwater System" means all facilities man-m de structures, a nal natural: watercourses used for collecti ng nd i 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 i. features, canals, creeks, lakes, channels, catch basins, ditches, 3 i I i 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. i (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 4 i 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 t 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. ' { 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 I 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 S I Y C I 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 I 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' t property, bui�l_dinc3 or facility is unoccupied, such authozl�ized I , official Shall make a reasonable effort to locate the owneir or t 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 6 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 I; 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 7 m lilt. I : 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 I by the Director, each day of such violation shall constitute a separate off6ns>e . I Sec. 32 .399 . Civil remedies. s 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 I � 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 F i I I 7 1 i I III 8 I 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 ' i i A est _ cynt4ia, E. Goui dean Ci ty`J C3 e rk Approved asito If.orm and correctness bra° fir , Jr. City Attorno i I 9