HomeMy WebLinkAbout2018-015ORDINANCE NO. 2018- ni9
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING INDIAN RIVER COUNTY
CODE CHAPTER 318, ADOPTING REGULATIONS FOR
STORMWATER DISCHARGE INTO PUBLIC STORM
DRAINAGE SYSTEMS, PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the conservation, protection and preservation of stormwater is an
important aspect of maintaining a healthy environment; and
WHEREAS, since the County's storm drainage systems lead to the Indian River
Lagoon, it is especially vital to make sure harmful pollutants are not introduced into the
lagoon through contaminated storm runoff; and
WHEREAS, discharging, draining or dumping any substance, except stormwater,
into a storm sewer, storm grate, storm gutter, swale, canal, waterbody or other drainage
system could result in damage to aquatic plants, mammals, fish and birds; and
WHEREAS, the purpose of this ordinance is to provide for the health, safety, and
general welfare of the citizens of Indian River County through the regulation of non-
stormwater discharges to the storm drainage system.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1. ESTABLISHMENT.
CHAPTER 318. ILLICIT STORMWAT,ER DISCHARGE
Section 318.01 Title.
This chapter shall be known as the illicit stormwater discharge ordinance.
Section 318.02 Definitions.
When used in this chapter, the following terms shall have the following meanings:
Best Management Practices (BMPs): schedules of activities rohibitions of
Practices, general good housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management
practices to prevent or reduce the discharge of pollutants directly or indirectly
control site runoff, spillage or leaks, sludge or water disposal, or drainage
from raw materials storage.
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ORDINANCE NO. 2018- nis
Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. $ 1251
et seg.), and any subsequent amendments thereto.
activities include but are not limited to clearing and -grubbing grading,
excavating, and demolition.
disposed of, or otherwise managed.
Illegal Discharge. Any direct or indirect non-stormwater discharge to the
storm drain system, except as exempted in Section X of this ordinance.
Illicit Connections. An illicit connection is defined as either of the following:
(a)
(b)
storm drain system from indoor drains and sinks, regardless of
whether said drain or connection had been previously allowed,
permitted, or approved by an authorized enforcement agency or,
plans, maps, or equivalent records and approved by an authorized
enforcement agency.
Industrial Activity. Activities subject to NPDES Industrial Permits as defined in
40 CFR, Section 122.26 (b)(14).
National Pollutant Discharge Elimination System (NPDES) Storm Water
Discharge Permit means a permit issued by EPA (or by a State under
authority delegated pursuant to 33 USC & 1342(b)) that authorizes the
discharge of pollutants to waters of the United States, whether the permit is
applicable on an individual, -group, or general area -wide basis.
Non-Stormwater Discharge. Any discharge to the storm drain system that is
not composed entirely of stormwater.
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ORDINANCE NO. 2018- on
Pollutant. Anything which causes or contributes to pollution. Pollutants mav
hazardous substances and wastes: pray water, sewage, fecal coliform and
sediments: and noxious or offensive matter of any kind.
Storm Drainage System. Publicly -owned facilities by which stormwater is
collected and/or conveyed, including but not limited to any roads with
Stormwater. Any surface flow, runoff, and drainage consisting entirely of
water from any form of natural precipitation, and resulting from such
precipitation.
Stormwater Pollution Prevention Plan: A document which describes the Best
Management Practices and activities to be implemented by a person or
business to identify sources of pollution or contamination at a site and the
Extent Practicable.
Wastewater. means any water or other liquid, other than uncontaminated
stormwater, discharged from a facility.
318.03. Applicability.
enforcement agency.
318.04. Prohibition of Illegal Discharges.
violation of applicable water quality standards, other than stormwater. The
1. The following discharges are exempt from discharge prohibitions
rising ground water, ground water infiltration to storm drains,
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ORDINANCE NO. 2018-.015
uncontaminated pumped ground water, foundation or footing drains (not
- typically less than one PPM chlorine) firefighting activities, and any other
water source not containing Pollutants.
2. Discharges specified in writing by the authorized enforcement agency
as being necessary to protect public health and safety_
3. Dye testing is an allowable discharge but requires a verbal notification
to the authorized enforcement agency prior to the time of the test.
4. The prohibition shall not apply to any non-stormwater discharge
other applicable laws and regulations, and provided that written approval
has been granted for any discharge to the storm drain system.
318.05 Prohibition of Illicit Connections.
(a) The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
(b) This prohibition expressly includes, without limitation, illicit connections made
(c) A person is considered to be in violation of this ordinance if the person
connects a line conveying sewage to the Municipal Separate Storm Sewer
System (MS4), or allows such a connection to continue.
318.06. Suspension due to Illicit Discharges in Emergency Situations.
The Public Works Director or his assign, may, without prior notice, suspend MS4
discharge access to a person when such suspension is necessary to stop an actual or
threatened discharge which presents or may present imminent and substantial danger
to the environment, or to the health or welfare of persons, or to the MS4 or Waters of
the United States. If the violator fails to comply with a suspension order issued in an
to minimize danger to persons.
a.
such termination would abate or reduce an illicit discharge. The authorized
enforcement agency will notify a violator of the proposed termination of its MS4
access. The violator may petition the Public Works Director for a reconsideration
and hearing.
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Works Director.
ORDINANCE NO. 2018-015
Public
(7.) Industrial or Construction Activity Discharges. Any person subject to an industrial
MS4.
(8.) Monitoring of Discharges
a.
b. Access to Facilities. (1) The Stormwater Division shall be permitted to enter
C.
agency.
discharge stormwater, and the performance of any additional duties as defined
by state and federal law.
d. The Stormwater Division shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the authorized enforcement
agency to conduct monitoring and/or sampling of the facility's stormwater
discharge.
e.
f.
costs of clearing such access shall be borne by the operator.
g. Unreasonable delays in allowing the Stormwater Division access to a permitted
facility is a violation of a stormwater discharge permit and of this ordinance. A
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ORDINANCE NO. 2018- ni s
person who is the operator of a facility with a NPDES permit to discharge
stormwater associated with industrial activity commits an offense if the person
denies the authorized enforcement agency reasonable access to the permitted
facility for the purpose of conducting any activity authorized or required by this
ordinance.
h. If the Stormwater Division has been refused access to any part of the premises
from which stormwater is discharged and he/she is able to demonstrate
probable cause to believe that there may be a violation of this ordinance, or that
the community, then the authorized enforcement agency may seek issuance of a
search warrant from any court of competent jurisdiction.
(9.) Use of Best Management Practices. Stormwater Division will adopt requirements
identifying Best Management Practices for any activity, operation, or facility which may
cause or contribute to pollution or contamination of stormwater, the storm drain system.
or waters of the U.S. The owner or operator of a commercial or industrial establishment
watercourses through the use of these structural and non-structural BMPs. Further, any
person responsible for a property or premise, which is, or may be, the source of an illicit
discharge, may be required to implement, at said person's expense, additional
structural and non-structural BMPs to prevent the further discharge of pollutants to the
municipal separate storm sewer system. Compliance with all terms and conditions of a
valid NPDES permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with the provisions of
(10.) Watercourse Protection.
Every person owning property
through
which a
watercourse passes, or such person's
lessee, shall keep and maintain that part
of the
watercourse within the property
free of trash, debris, excessive vegetation,
and other
obstacles that would pollute,
contaminate, or significantly retard
the flow
of water
through the watercourse. In addition, the owner or lessee shall
maintain existing
(11.) Notification of Spills. Notwithstanding other requirements of law, as soon as any
person responsible for a facility or operation, or responsible for emergency response for
a facility or operation has information of any known or suspected release of materials
necessary steps to ensure the discovery, containment, and cleanup of such release. In
the event of such a release of hazardous materials said person shall immediately notify
emergency response agencies of the occurrence via emergency dispatch services. In
the event of a release of non -hazardous materials, said person shall notify the Public
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discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on-site
(12.) Enforcement.
a. Notice of Violation.
Whenever the Stormwater Division finds that a person has violated a prohibition
notice may require without limitation:
1. The performance of monitoring, analyses, and reporting:
desist;
4. The abatement or remediation of stormwater pollution or contamination
shall set forth a deadline within which such remediation or restoration must be
governmental agency or a contractor and the expense thereof shall be charged to the
violator.
(13.) Contesting a Notice of Violation
Enforcement Board pursuant to Florida Statutes Chapter 162.
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ORDINANCE NO. 2018- ni5
(15.) Enforcement Measures After Notice of Violation
after the decision of the Code Board, then representatives of the Stormwater Division
shall be authorized to enter upon the subiect private property and take any and all
measures necessary to abate the violation and/or restore the property. It shall be
constitute a lien on the property for the amount of the costs.
the requirements of this Ordinance. If a person has violated or continues to violate the
provisions of this ordinance, the authorized enforcement agency may petition for a
of the violation.
under any applicable federal, state or local law and it is within the discretion of the
authorized enforcement agency to seek cumulative remedies.
SECTION 2. CODIFICATION.
It is the intention of the Board of County Commissioners that the provisions of
this ordinance shall become and be made a part of the Code of Indian River County
and the word "ordinance" may be changed to "section," "article," or other appropriate
word or phrase and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be
codified.
SECTION 3. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of this ordinance is
for any reason held to be unconstitutional, inoperative, or void, such holding shall not
affect the remaining portions of this ordinance, and it shall be construed to have been
the legislative intent to pass the ordinance without such unconstitutional, invalid or
inoperative part.
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ORDINANCE NO. 2018-an—
SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Florida Secretary of State.
This ordinance was advertised in the Indian River Press Journal on the 9th day of June,
2018, for a public hearing on the 19th day of June, 2018, at which time it was moved for
adoption by Commissioner Flescher and seconded by Commissioner O'Bryan and
adopted by the following vote:
Chairman Peter D. O'Bryan
Vice Chairman Bob Solari
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
AYE
AYE
AYE
AYE
AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 19th
day of June, 2018.
Attest: Jeffrey R. Smith, Clerk of
Court Commptroll
-
By: O
Deputy Clerk
Approved as to form and legal
sufficiency
Az.. az'
William K. DeBraal
Deputy County Attorney
INDIAN RIVER COUNTY, FLORIDA,
by its Board of County Commissioners.�aniiw"�ss .
By:
Peter D. O'Bryan, Chairthn
�•. : off:
;09^•• � •.off,;
Effective Date: This ordinance was filed with the Department of State of the State of
Florida, and becomes effective on the 2othday of June , 2018.
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