HomeMy WebLinkAbout1429-21 Amend Scrivner's Error to Stormwater Compliance Ordinance No. 732-99INSTR# 2021211596 OR BK 10453 PG 433 Page 1 of 9
10/05/2021 08:13 AM Rcpt: 2360226 Rec: 78.00 DS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
ORDINANCE NO. 1429-21
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 DEFINITITIONS; 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.
WHEREAS, pursuant to the Federal Clean Water Act (CWA), Section 402(p)(2), certain
political entities are required to implement stormwater 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 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.
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OR BK 10453 PG 434 Page 2 & 9
SECTION 1-2. FINDING OF FACTS:
The contribution of pollutants through discharges from storm sewer systems has a significant
impact on 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 Zephyrhills,
Florida, therefore finds it necessary and in the public 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" means 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.
B. City — The City of Zephyrhills
C. CITY COUNTIL — 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 ad commonly referred to as the Clean Water Act
(CWA).
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OR BK 10453 PG 435 Page 3 of 9
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.
H. COUNTY — Shall mean the unincorporated areas of Pasco County, a political subdivision
of the State of Florida.
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 water 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 elicit 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 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
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OR BK 10453 PG 436 Page 4 of 9
operated by a local government that discharges to waters of the United States or connects
to other MS4s, that is designated 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 405 of the CWA.
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 amendments thereto.
ARTICLE 3 — CONTROL OF STORMWATER DISCHARGES
SECTION 3-1. STORMWATER DISCHARGES TO THE S4 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 ay 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 may be subject to paying fines and damages.
OR BK 10453 PG 437 Page 5 & 9
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 Protection
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 MS4s:
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 elicit 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 and written notification.
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OR BK 10453 PG 438 Page 6 of 9
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 obtain. 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.
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:
The following activities shall be exempt from the requirements of this Ordinance:
A. Discharge from:
• water line flushing;
• landscape irrigation;
• uncontaminated groundwater infiltration (as defined at 50 CFR 35.2005(20)) to
separate storm sewers;
• uncontaminated pumped gas and water;
• discharges from portable water sources;
OR BK 10453 PG 439 Page 7 of 9
• 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 62-302 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
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.
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OR BK 10453 PG 440 Page 8 of 9
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 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 not preclude the pursuance of another.
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.
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 7-2. INCLUSION IN CODE.
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
renumber or relettered and the work "ordinance" may be changed to "section", "article",
"regulation", or such other appropriate word or phrase in order to accomplish such intentions.
OR BK 10453 PG 441 Page 9 of 9
SECTION 7-4. EFFECTIVE DATE
This Ordinance shall become effective upon second reading and signing by the Mayor.
$ .. ° r
The foreg _ of � ' _ No. 1429-21 was read and passed on its first reading in open and regular
meeting l re City C6t=4 of the City of Zephyrhills, Florida, on this 131" day of September,
A.D., 2021:
Attest
`,�i{ty Ci, ` W. Alan Kni t, City Council President
k, Lori Hillman
6.N 4 n •
The foregoingk
.ce-No. 1429-21 was read and passed on it's second reading, following a
public..heaan& in, open and regular meeting by the City Council of the City of Zephyrhills, Florida,
orriis 27' da y.`cfeptember, A.D., 2021.
Attest,' '
-City Clerk, L(Sn- Hillman Jodi ilkeson, City Council Vice Aresident
The`'f'orogoipg Ordinance No. 1429-21 was approved by me this 271" day of September, A.D., 2021.
Ge
# Whitfield, M o
Approved as to le al form and legal content
Matthew E. Maggard, City Attorney