HomeMy WebLinkAbout732-99 Adopt Stormwater Compliance lj . .
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99122642
: Rcpt: 360707 Rec: 46.50
ORDINANCE NO. 732
• DS: 0.00 IT: 0.00
09/29/99 Dpty Clerk
AN ACT TO BE ENTITLE AN ORDINANCE BY THE
CITY OF ZEPHYRHILLS ESTABLISHING STANDARDS
RELATING TO THE MANAGEMENT OF STORM
SEWER SYSTEM DISCHARGES AND ENHANCING THE
QUALITY OF SURFACE AND GROUND WATER
RESOURCES; PROVIDING FOR A SHORT TITLE;
PROVIDING FOR FINDING OF FACTS;ESTABLISHING
APPLICABILITY; PROVIDING FOR DEFINITIONS;
PROVIDING FOR THE CONTROL OF STORMWATER
DISCHARGES TO THE MUNICIPAL SEPARATE STORM
SEWER SYSTEM(MS4)AND WATERS OF THE UNITED
STATES; PROVIDING FOR THE CONTROL OF
DISCHARGE OF STORMWATER FROM INDUSTRIAL
ACTIVITIES AND CONSTRUCTION SITES;PROVIDING
FOR THE CONTROL OF POLLUTANT CONTRIBUTION
FROM INTERCONNECTED MUNICIPAL SEPARATE
• STORM SEWER SYSTEMS; PROVIDING FOR THE
CONTROL OF NON-STORMWATER DISCHARGES;
PROHIBITING ILLICIT DISCHARGES AND ILLICIT
CONNECTIONS; PROVIDING FOR REPORTING AND
CONTROL OF ILLICIT DISCHARGES AND ILLICIT
CONNECTIONS TO THE CITY'S MUNICIPAL
SEPARATE STORM SEWER SYSTEM AND U.S.
WATERS; PROVIDING AUTHORITY TO PERFORM
INSPECTIONS AND MONITORING FOR COMPLIANCE;
PROVIDING FOR MAINTENANCE OF CONTROL
STRUCTURES; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR ENFORCEMENT, PENALTIES AND
PROCEEDINGS FOR INJUNCTION; PROVIDING FOR
REPEALER OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT,SEVERABILITY AND AN
EFFECTIVE DATE. JED P I TTMAN, PASCO COUNTY CLERK
09/29/99 11:12am 1 of 10
OR BK {4233 PG 772
WHEREAS,pursuant to the Federal Clean Water Act(CWA), Section 402(p)(2), certain
political entities are required to implement stonnwater management programs; and
WHEREAS,pursuant to the Clean Water Act requirements,the United States Environmental
Protection Agency(EPA)has developed regulations under the National Pollutant Discharge Elimination
System (NPDES) permit program published as Part 40 of the Code of Federal Regulations (C.F.R.)
Section 122.26 on November 16, 1990, 55 FR 47990; and
WHEREAS,the United States Environmental Protection Agency(EPA)has designated through
the National Pollutant Discharge Elimination System (NPDES) permit program that the City must
provide documentation which establishes legal authority. Said legal authority must control through
ordinance or other means the contribution of pollutants to the municipal storm sewer by storm water
discharges associated with industrial activity,illicit discharges to the municipal separate storm sewer,
and the discharge to a municipal separate storm sewer of spills,dumping or disposal of materials other
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Record and Return to: y,. ,
City Clerk's Office y
5335 8th Street d i
Zephyrhills, FL 33540 ..-.' J
DR BK 4x33 , PG '7'7'3
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than storm water; and
WHEREAS, the City of Zephyrhills hereby finds that they desire to protect and promote the
public health,safety and general welfare through the management of stormwater runoff; and
NOW,THEREFORE,BE IT ORDAINED by the City of Zephyrhills,Florida, as follows:
ARTICLE 1 -GENERAL PROVISIONS
SECTION 1-1. SHORT TITLE: •
This Ordinance shall be known as the City of Zephyrhills Stormwater Quality Management Ordinance.
SECTION 1-2. FINDING OF FACTS:
The contribution of pollutants through discharges from storm sewer systems has a significant impact
on the receiving waters in City of Zephyrhills. Improperly treated discharges from industrial activities
and interconnected Municipal Separate Storm Sewer Systems (MS4's) and illicit discharges from
spilling,dumping or disposal of material other than stormwater to the Municipal Separate Storm Sewer
System will adversely affect the quality of waters receiving such discharges. The United States
Environmental Protection Agency(USEPA),pursuant to Title 40, Section 122.26 of the Code of Federal
Regulations,has mandated that municipalities provide the legal authority to control discharges to the
Municipal Separate Storm Sewer system under the National Pollutant Discharge Elimination System
(NPDES)Permit in order to control the quality of discharges from the Municipal Separate Storm Sewer
System. The City of Zvpi:;hilae, :� u erefoi:, fakis it ;lc--cssary and in the puziic interest, to
protect the quality of waters receiving stormwater discharges,for the health,safety,and general welfare
of the citizens of The City Zephyrhills.
SECTION 1-3. APPLICABILITY:
The regulations herein set forth shall apply to all the incorporated areas of The City Zephyrhills.
ARTICLE 2-DEFINITIONS
SECTION 2-1. DEFINITIONS:
Unless specifically defined below,words or phrases used in this Ordinance shall be interpreted so as to
give them the meaning they have in common usage and to give this Ordinance its most reasonable
application. Use of the word"shall"rens mandatory and not merely discretionary.
A. BEST MANAGEMENT PRACTICES (BMP's) - Schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or reduce
pollutants from entering the Municipal Separate Storm Sewer System(MS4)or being discharged
from the MS4.BMP's include,but are not limited to,treatment methods and practices to control •
the discharge of pollutants.
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B. CITY—The City of Zephyrhills • PG
OR 9K
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C. CITY COUNCIL—The City of Zephyrhills City Council
D. CITY MANAGER—The City of Zephyrhills City Manager or his/her designee
E.. CLEAN WATER ACT(CWA)-Amendments,passed in 1972 by Congress,to the Federal Water
Pollution Control Act and commonly referred to as the Crean Water Act(CWA).
F. CODE OF FEDERAL REGULATIONS(CFR)-The codification of the general and permanent
rules published in the Federal Register by the executive departments and agencies of the federal
government.
G. CONSTRUCTION ACTIVITIES-Includes such activities as clearing,grading,and excavation
activities except operations that result in the disturbance of less than five(5)acres of total land
area which are not part of a larger common plan of development or sale.
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H. COUNTY-Shall mean the unincorporated areas of Pasco County,a political subdivision of the
State of Florida.
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I. DISCHARGE-Includes,but is not limited to,any release,spilling, leaking, seeping,pouring,
emitting,emptying or dumping of any substance or material.
J. FLORIDA ADMINISTRATIVE CODE(FAC)-An annotated official compilation of the rules
and regulations of the State of Florida,published by the Florida Secretary of State.
K. ILLICIT CONNECTIONS -Point source discharges to the City's Municipal Separate Storm
Sewer System or to waters of the U.S., which are not composed entirely of stormwater and are
not authorized by an NPDES Permit. Failure of an industrial facility or construction site to
notify the City Manager of a connection to the City's Municipal Separate Storm Sewer System
constitutes an illicit connection.
L. ILLICIT DISCHARGE - Any discharge to a Municipal Separate Storm Sewer System or to
waters of the U.S. that is not composed entirely of stormwater,with the exception of discharges
which are exempt pursuant to Section 6-1 of this Ordinance. Any discharge in violation of a
NPDES permit shall constitute an illicit discharge.
M. INDUSTRIAL ACTIVITIES - Activities which are conducted on properties designated for
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AOR BK 4232 PG 775
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Industrial Land Use in accordance with the City of Zephyrhills Comprehensive Plan and/or at
facilities identified by the U.S. EPA as requiring a NPDES stormwater permit under the
definition of"Storm Water Discharge Associated with Industrial Activity" in Title 40, Section
122.26 of the Code of Federal Regulations or any amendment thereof. •
N. INSPECTION-Includes,but is not limited to any on-site physical examination of all facilities
and grounds which may discharge to a Municipal Separate Storm Sewer System,a review of all
records on operation and maintenance of facilities and the results of any monitoring performed
for compliance with state, federal.and local regulations or permit conditions.
O. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) - A conveyance or system of
conveyances(including, but not limited to,roads with drainage systems, streets, catch basins,
curbs, gutters, ditches, manmade channels or storm drains) owned or operated by a local
government that discharges to waters of the United States or connects to other MS4s, that is
designed solely for collecting or conveying stormwater,and that is not part of a publicly owned
treatment works(POTW)as defined by 40 CFR 122.2 or any amendment thereto.
P. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NPDES)-The federal
program for issuing, modifying, revoking, reissuing, terminating, monitoring and enforcing
permits and imposing and enforcing pretreatment requirements under Sections 307, 402, 318,
and 4�5 of the MA.
Q. PERSON-Any individual,partnership,firm,organization,corporation,association or other legal
entity, whether singular or plural,as the context may require.
R POINT SOURCE-Any discernible and confined conveyance,including but not limited to, any
pipe,ditch,channel,tunnel,conduit,well,container,rolling stocks,concentrated animal feeding
operation,vessel,or other floating craft from which pollutants are or may be discharged. This
term does not include return flows from irrigated agriculture.
S. POLLUTANT - Means any dredged spoil, solid waste, incinerator residue, filter backwash,
sewage,garbage,sewage sludge,munition,chemical wastes,biological materials,radioactive
materials (except those regulated under the Atomic Energy Acto of 1954, as amended (42 •
(U.S.C. 2011 et. seq.)), heat wrecked or discharged equipment, rock, sand and industrial,
municipal and agricultural waste discharged into water.
T. STORMWATER-Surface runoff and drainage of water resulting from rainfall.
U. WATERS OF THE UNITED STATES(U.S.)-As defined by the U.S.Environmental Protection
Agency (USEPA) in Title 40, Section 122 of the Code of Federal Regulations or any
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amendments thereto. OR BK 4-233 RG 7-76,
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ARTICLE 3 -CONTROL OF STORMWATER DISCHARGES
SECTION 3-1. STORMWATER DISCHARGES TO THE MS4 AND U.S. WATERS:
3-1.1 Discharges to the City's MS4 shall be controlled to the extent that such discharge will not impair
the operation of the MS4 or contribute to the failure of the MS4 to meet any local state or federal
requirements. Discharges to waters of the U.S. shall be controlled to the extent that the
discharge will not adversely impact-the quality or beneficial uses of the receiving water or.result
in violation of any federal state or local laws.
3-1.2 Any person responsible for discharges determined by the City to be contributing to the
degradation or impairment of the City's MS4 or to waters of the U.S.,either directly or through
an MS4,shall provide corrective measures in accordance with a schedule approved by the City
and maybe subject to paying fmes and damages.
SECTION 3-2: STORMWATER DISCHARGES FROM INDUSTRIAL ACTIVITIES AND
CONSTRUCTION SITES:
3-2.1 Stormwater from construction sites shall be controlled in such a way as to retain sediment on-site
and prevent violations of state water quality standards, or NPDES permits. All erosion,
pollution,and sediment controls required pursuant to the pollution prevention plan of a NPDES
stormwater permit for construction or required pursuant to a state stormwater permit issued by
either the Florida Department of Environmental Regulation or the Southwest Florida Water
Management District shall be properly implemented,maintained and operated.
3-2.2 Stormwater from areas of industrial activity shall be treated or managed on-site, using best
management practices, in accordance with NPDES permits, prior to discharging to the City's
MS4 or to U.S. Waters. All stormwater discharges from the site shall be of a quality which will
not adversely impact the water quality or beneficial uses of the receiving water.
3-2.3 The owners, or operators, of industrial facilities or construction sites which will discharge
stormwater to the City's MS4,must provide written notification to the City prior to discharging
and receive approval.
SECTION 3-3. CONTROL OF POLLUTANT CONTRIBUTIONS FROM INTERCONNECTED
MS4's:
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OR BK x 2.33 PG 777
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The discharge of stormwater between interconnected state,county,municipal or other MS4's shall not
impair the quality of the discharge from the receiving MS4. Owners of sections of an interconnected
MS4 shall be responsible for the quality of discharge from their portion of the system and shall .
coordinate with the owners of the downstream segments prior to connections into their system.
ARTICLE 4-CONTROL OF NON-STORMWATER DISCHARGES
SECTION 4-1. PROHIBITION OF ILLICIT DISCHARGES:
Any discharge,other than stormwater, to an MS4 or to waters of the U.S. which is not exempt under
Section 6-1 of this Ordinance is considered an illicit discharge as defined in this Ordinance and is
prohibited.
SECTION 4-2. REPORTING ILLICIT DISCHARGES OR ILLICIT CONNECTIONS:
Upon discovery of an illicit discharge or illicit connection, persons responsible for the discharge or the
connection shall report their findings by telephone immediately to the City and follow within 48 hours
with written notification.
SECTION 4-3. CONTROL OF ILLICIT DISCHARGES OR ILLICIT CONNECTIONS:
Persons responsible for illicit discharges or illicit connections shall immediately, upon notification or
discovery, initiate procedures to cease discharging or provide suitable containment facilities until
modifications are made to properly treat the discharge,or a NPDES permit is obtained. Such procedures
shall include a requirement to obtain approval from the City Manager of a schedule for implementing
proposed corrective measures.
ARTICLE 5 -INSPECTION AND MAINTENANCE OF SYSTEMS
SECTION 5-1. INSPECTION AND MONITORING FOR COMPLIANCE:
City personnel shall be granted access for inspection of facilities discharging or suspected of discharging
to the City's MS4 or waters of the U.S. in order to evaluate and investigate the potential for release of
materials other than stormwater or potential violations of any of the terms of this Ordinance. All
structures and processes which allow discharges to the City's MS4,as well as records concerning them,
shall be made accessible to City personnel for monitoring of the quality of the discharges.
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SECTION 5-2. MAINTENANCE OF CONTROL STRUCTURES:
•
Structural controls and other BMP's used to reduce pollutants in stormwater discharges shall be operated
and maintained so as to function in accordance with the permitted design or performance criteria in
compliance with NPDES or other permit conditions. Operation and maintenance shall be done so as
to assure treatment of stormwater or reduction in pollutants in stormwater discharges consistent with
appropriate federal, state,water management district, or local rules or permit requirements.
ARTICLE 6-EXEMPTIONS
SECTION 6-1. EXEMPTIONS: aR BK ps
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The following activities shall be exempt from the requirements of this Ordinance:
A. Discharges from:
• water line flushing;
• landscape irrigation;
• uncontaminated ground water infiltration(as defined at 40 CFR 35.2005(20))
to separate storm sewers;
•
uncontaminated pumped arc and water;
• discharges from potable water sources;
• air conditioning condensate; _
• irrigation water;
• springs;
• lawn watering;
• individual residential car washing;
• flows from riparian habitats and wetlands;
• street wash waters;
• discharges or flows from emergency fire fighting activities.
B. Discharges which meet the water quality standards of Chapter 17-302 FAC,and any amendment
thereto.
C. Discharges from facilities in compliance with the conditions of all required NPDES permits
issued under the authority of the U.S. Environmental Protection Agency.
ARTICLE 7-ORDINANCE ADMINISTRATION
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AOR BK ; PP 77
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SECTION 7-1. ENFORCEMENT,PENALTIES AND PROCEEDINGS:
7-1.1 This Ordinance shall be administered by the City Manager. All persons in violation of this
ordinance shall address such violations immediately upon written notification by the City.
Violations shall be addressed by providing a written response to the City Manager, requesting
and outlining the temporary and permanent measures that will be taken to correct the violation
and a proposed schedule for completion of each of the corrective measures. Proposals for
corrective action are subject to the approval of the City Manager.
7-1.2 The City Manager is authorized to issue cease and desist orders in the form of written official
notices sent by registered mail to the person(s)responsible for the violation. Specific activities..
and operations may be ordered to be ceased based upon the following conditions:
1. In a situation that may have a serious effect on the health,safety,or welfare of the public
or the environment, including the operation of and quality of stormwater in the City's
MS4.
2. When irreversible or irreparable harm may result,in the reasonable opinion of the City
Manager,and immediate cessation of the activity is necessary to protect the public or the
environment,including the operation of and quality of stormwater in the County's MS4.
7-1.3 Any person who violates any section of this Ordinance may be prosecuted and punished as
provided by Section 125.69 of the Florida Statutes. Each day of the violation shall constitute
a separate offense,punishable by a fine not to exceed$500.00 or by imprisonment in the County
jail not to exceed 60 days, or by both such fine and imprisonment to the limits as set forth in
Section 125.69,Florida Statutes.
7-1.4 In addition to any fines which may be imposed by this Ordinance, persons responsible for a
discharge which adversely impacts a receiving water shall be liable for all sampling and
analytical costs incurred in monitoring the discharge, any State or Federal fines imposed as a
result of the discharge and the cost of removing or properly treating the discharge for complete
restoration of the quality of all receiving waters to the extent in which they were impaired.
7-1.5 In addition to the remedies provided herein,the City is authorized to make application in a court
of appropriate jurisdiction for an injunction restraining any person from violating,or continuing
to violate,any provisions of this Ordinance. Such application for injunction may also seek entry
of a court order requiring restoration and mitigation for any impacted land or waters.
7-1.6 The City may elect any or all of the above remedies concurrently,and the pursuance of one shall
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not preclude the pursuance of another.
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7-1.7 Any fines or other funds received as a result of enforcement under this Ordinance which are not
used for specific purposes set forth in this Ordinance shall be deposited in.the Stormwater
Management fund.
SECTION 7-2. SEVERABILITY:
It is declared to be the intent of the City of Zephyrhills, Pasco County, Florida, that if any section,
subsection,sentence,clause,or provision of this Ordinance shall be declared invalid,the remainder of
this Ordinance shall be construed as not having contained said section,subsection,sentence,clause,or
provision and shall not be affected by such holding.
SECTION 7-3. INCLUSION IN CODE. - _.
r
It is the intent of the City of Zephyrhills that the provisions of this Ordinance shall become and be
made a part of the City of Zephyrhills Code, and that the sections of this Ordinance may be
renumbered or relettered and the work"ordinance"may be changed to"section", "article",
"regulation",or such other appropriate word or phase in order to accomplish such intentions
OR BK 42.3aRG 7130
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DRBKia3 pG 78i
SECTION 7-4. EFFECTIVE DATE: 10 of 10
This Ordinance shall become effective upon second reading and signing by the Mayor.
The foregoing Ordinance No. '732- was read and passed on its first reading in open
and re: ar meeting by the City Council of the City of Zephyrhills,Florida,on this /3' day of
u' 1 ,A.D.-, 1999.
._,( 2t Pifio ,i4- 4., ,,,,i, es,,,--/ .
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, , EL TH A. GEIGER
i Cz'e, ``\,' -.0
,'
Attest: Ari' i President of City Council
C tj Clerk,LINDA D:it AN
0c. ,
The foregoing Ordinance No. /3;. was read and passed on its second reading in open
and regular meeting by the City Council of the City of Zephyrhills,Florida,on this ari day of
,A.D.,.1999.
.4-K;),-,21244/—e...
c; '��� EL ETH A. GEIGER
.� l "-> r--:-w , President of City Council
Attest A-.
, C 4!,
Cityt jlerk,LINDA.D ROAN
0
cour;i v.c‘.
The foregoing Ordinance No. 03, , was approved by me this a7'L" day of
A.D., 1999
di/ /4 e kIA -
//
J• I S A.BAILEY,Mayor
' /
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