HomeMy WebLinkAboutOrdinance No. 07-2013 ORDINANCE NO.07-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 78, UTILITIES, OF THE CODE OF
ORDINANCES RELATED TO ILLICIT DISCHARGES AND
CONNECTIONS TO THE MUNICIPAL SEPARATE
STORM SEWER SYSTEM (MS4); PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City maintains a National Pollutant Discharge Elimination System
("NPDES")permit through the Florida Department of Environmental Protection; and
WHEREAS, the permit requires the City to comply with the Generic Permit for
Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems, which calls
for adoption of an ordinance prohibiting illicit discharges and dumping to the municipal separate
storm sewer system ("MS4");and
WHEREAS, polluted stormwater runoff is often transported to MS4s and ultimately
discharged into local waters without treatment causing adverse effects; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby fmds this
Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
Cape Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1.Recitals.The foregoing recitals are hereby fully incorporated herein by this reference
as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Chapter 78, Utilities. Chapter 78, Utilities, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a
deletion from this Ordinance of text existing in Chapter 78. It is intended that the text in Chapter
78 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
CHAPTER 78.UTILITIES
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ARTICLE V.STORMWATER DRAINAGE
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DIVISION 4.ILLICIT DISCHARGE AND CONNECTION
Sec.78-400.—Short title: purpose and obiectives.
This division shall be known and may be cited as "the City of Cape Canaveral Illicit
Discharge Ordinance ("IDO"). The ouroose of this division is to provide for the health. safety,
and general welfare of the citizens of the City of Cape Canaveral through the regulation of non-
stormwater discharges to the storm drainage system to the maximum extent practicable as
required by federal and state law. This division establishes methods for controlling the
introduction of pollutants into the Municipal Separate Storm Sewer System ("MS4") in order to
comply with requirements of the National Pollutant Discharge Elimination System ("NPDES")
permit process.The objectives of this division are:
L To regulate the contribution of pollutants to the MS4 by stormwater discharges by any
user,
2. To prohibit illicit connections and discharges to the MS4: and
3. To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this division.
Sec.78-401.—Authorized enforcement agency.
1 It shall be the duty of the stormwater utility director or designee to administer and
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I enforce the pollution prevention methods established by this division.
Sec.78-402.—Definitions.
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For purposes of this division, the following terms. phrases, words and their derivations
shall have the meaning given herein:
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Best Management Practices (BMPs) include schedules of activities, prohibitions 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 to stormwater. receiving waters or stormwater conveyance
systems. BMPs also include treatment practices. operating procedures and practices to control
site runoff,spillage or leaks,sludge/water disposal or drainage from raw materials storage.
I Clean Water Act means the federal Water Pollution Control Act (33 U.S.C. & 1251 et
seq.)and any subsequent amendments thereto.
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Construction Activity means activities subject to the requirements of NPDES
l Construction Permits. Currently these include construction projects resulting in land disturbance
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of one acre or more Such activities include, but are not limited to, clearing and grubbing,
grading,excavating and demolition.
Hazardous Materials means any material, including any substance,waste or combination
thereof, which because of its Quantity, concentration or physical, chemical or infectious
characteristics may cause, or significantly contribute to. a substantial present or potential hazard
to human health, safety, property or the environment when improperly treated, stored,
transported,disposed of or otherwise managed.
Illicit Discharge means any direct or indirect non-stormwater discharge to the storm drain
system,except as exempted in Section 78-406 of this ordinance.
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Illicit Connection is defined as either of the following: (1) Any drain or conveyance.,
whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain
system including, but not limited to. any conveyances which allow any non-stormwater
discharge including sewage, process wastewater and wash water to enter the storm drain system
and any connections to the storm drain system from indoor drains and sinks, regardless of
whether said drain or connection had been previously allowed, permitted or approved by the
stormwater utility director or designee or (2) Any drain or conveyance connected from a
commercial or industrial land use to the storm drain system which has not been documented in
plans,mans or equivalent records and approved by the stormwater utility director or designee.
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Industrial Activity means activities subiect to NPDES Industrial Permits as defined in 40
CFR,Section 122.26(b)(14).
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge
Permit means a permit issued by EPA (or by a State under authority delegated pursuant to 33
USC 4 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.
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Non-Stormwater Discharge means any discharge to the storm drain system that is not
composed entirely of stormwater.
Person means any individual, association, organization,partnership, firm, corporation or
other entity recognized by law and acting as either the owner or as the owner's agent.
Pollutant means anything which causes or contributes to pollution. Pollutants may
Iinclude, but are not limited to paints, varnishes and solvents; oil and other automotive fluids;
non-hazardous liauid and solid wastes and yard wastes; refuse, rubbish. garbage, litter or other
discarded or abandoned objects, ordinances and accumulations so that same may cause or
contribute to pollution; floatables: pesticides, herbicides and fertilizers: hazardous substances
and wastes: sewage, fecal coliform and pathogens: dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building or structure: and noxious or
offensive matter of env kind.
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Premises means any building, lot,parcel of land or portion of land, whether improved or
unimproved including adiacent sidewalks and parking strips.
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Receiving bodies of water means any water bodies,watercourses and wetlands into which
surface waters flow,including,but not limited to,ponds,lakes,rivers,and streams.
Storm Drainage System means any publicly-owned facility by which stormwater is
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collected and/or conveyed including, but not limited to. any roads with drainage systems.
municipal streets, gutters. curbs. inlets, piped storm drains, pumping facilities, retention and
detention basins, natural and human-made or altered drainage channels, reservoirs and other
drainage structures.
Stormwater means the flow of water which results from, and which occurs immediately
following,a rainfall event.
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3 Stormwater Pollution Prevention Plan (SWPPP) is 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 actions to eliminate or reduce pollutant
discharges to stormwater, stormwater conveyance systems and/or receiving waters to the
maximum extent practicable.
1 Stormwater Utility Director means the City's stormwater utility director or such person's
designee or such other person designated by the City Manager.
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Wastewater means any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
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Sec.78-403,-Applicability.
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This division shall apply to all water entering the storm drain system generated on any
developed and undeveloped lands unless explicitly exempted by this division or the stormwater
utility director or designee.
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Sec.78-404.-Responsibility for administration,
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The stormwater utility director or designee shall administer, implement and enforce the
provisions of this division. Any powers granted or duties imposed upon the stormwater utility
director or designee may be delegated in writing by the city manager to persons or entities acting
jn the beneficial interest of or in the employ of the city.
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Sec.78-405,-Ultimate responsibility,
The standards set forth herein and promulgated pursuant to this division are minimum
standards; therefore, this division does not intend nor imply that compliance by any person will
ensure that there will be no contamination.pollution nor unauthorized discharge of pollutants.
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Sec.78-406.-Discharge prohibitions.
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Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged
into the municipal storm drain system.watercourses or any receiving bodies of water any
materials, including but not limited to,pollutants or waters containing any pollutants that
cause or contribute to a violation of applicable water quality standards, other than
stormwater. The commencement, conduct or continuance of any illegal discharge to the
storm drain system is prohibited except as described as follows:
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L The following discharges are exempt from discharge prohibitions established by
this division: water line flushing or other potable water sources, landscape
irrigation or lawn watering, diverted stream flows, rising ground water, ground
water infiltration to storm drains, uncontaminated pumped ground water,
foundation or footing drains (not including active groundwater dewatering
systems). crawl space pumps. air conditioning condensation, springs, non-
commercial washing of vehicles, natural riparian habitat or wetland flows,
swimming pools (if dechlorinated - typically less than one ppm chlorine),
firefighting activities and any other water source not containing pollutants.
2. Discharges specified in writing by the stormwater utility director as being
1 necessary to protect public health and safety.
1 Dye testing is an allowable discharge, but requires a verbal notification to the
stormwater utility director or designee prior to the time of the test.
4. The prohibition shall not apply to any non-stormwater discharge permitted under
an NPDES permit, waiver or waste discharge order issued to the discharger and
administered under the authority of the EPA,provided that the discharger is in full
compliance with all requirements of the permit, waiver or order and other
applicable laws and regulations, and provided that written approval has been
granted for any discharge to the storm drain system.
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1121 Prohibition of Illicit Connections.
L The construction, use,maintenance or continued existence of illicit connections to
the storm drain system is prohibited.
2. This prohibition expressly includes, without limitation, illicit connections made in
the past, regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection.
3. A person is considered to be in violation of this division if the person connects a
line conveying sewage to the MS4 or allows such a connection to continue.
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Sec.78-407.-Suspension of MM access.
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16 Suspension Due to Illicit Discharges in Emerzencv Situations. The stormwater utility,
I director or designee 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
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fails to comply with a suspension order issued in an emergency, the stormwater utility
I director may take such steps as deemed necessary to prevent or minimize damage to the
MS4 or waters of the United States or to minimize danger to persons.
ub Suspension due to the Detection of Illicit Discharge. Any person discharging to the MS4
in violation of this division may have their MS4 access terminated if such termination
would abate or reduce an illicit discharge. The stormwater utility director or designee will
I notify a violator of the proposed termination of its MS4 access.The violator may petition
the stormwater utility director or designee for a reconsideration and hearing.
Lc1 A person commits an offense if the person reinstates MS4 access to premises terminated
pursuant to this section, without the prior approval of the stormwater utility director or
designee.
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Sec.78-408.-Industrial or construction activity discharges.
1 Any person subject to an industrial or construction activity NPDES stormwater discharge
permit shall comply with all provisions of such permit. Proof of compliance with said permit
may be required in a form acceptable to the stonnwater utility director or designee prior to the
allowing of discharges to the MS4.
Sec.78-409.-Monitoring of discharges.
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Applicability. This section applies to all facilities that have stormwater discharges
associated with industrial activity,including construction activity.
thl Access to Facilities.
1. The stormwater utility director or designee shall be permitted to enter and inspect
Ifacilities subject to regulation under this division as often as may be necessary to
determine compliance with this division. If a discharger has security measures in
force which require proper identification and clearance before entry into its
premises,the discharger shall make the necessary arrangements to allow access to.
the stonnwater utility director or designee.
2. Facility operators shall allow the stormwater utility director or designee ready
, access to all parts of the premises for the purposes of inspection, sampling,
examination and copying of records that must be kept under the conditions of a
NPDES permit to discharge stormwater, and the performance of any additional
duties as defined by state and federal law.
1 2 The stormwater utility director or designee shall have the right to set un on any
permitted facility such devices as are necessary in the opinion of the stormwater
utility director or designee to conduct monitoring and/or sampling of the facility's
stormwater discharge.
4. The stormwater utility director or designee has the right to require the discharger
.! to install monitoring equipment as necessary. The facility's sampling and,
n monitoring equipment shall be maintained at all times in a safe and proper
operating condition by the discharger at its own expense. All devices used to
measure stormwater flow and quality shall be calibrated to ensure their accuracy.
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1 Any temporary or permanent obstruction to safe and easy access to the facility to
4 be inspected and/or sampled shall be promptly removed by the operator at the
written or oral request of the stormwater utility director or designee and shall not
be replaced.The costs of clearing such access shall be borne by the operator.
6. Unreasonable delays in allowing the stormwater utility director or designee access
to a permitted facility is a violation of a stormwater discharge permit and of this
division. A 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 stormwater utility director or designee reasonable access to the
permitted facility for the purpose of conducting any activity authorized or
required by this division.
7. If the stormwater utility director or designee 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
division, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with this division
or any order issued hereunder, or to protect the overall public health, safety and
welfare of the community, then the stormwater utility director or designee may
seek issuance of an inspection warrant from any court of competent jurisdiction.
ISec. 78-410. - Requirements to prevent, control, and reduce stormwater pollutants by the
I use of BMPs.
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The City of Cape Canaveral will adopt requirements identifying BMPs for any activity,
operation or facility which may cause or contribute to pollution or contamination of stotmwater,
I the storm drain system or waters of the U.S. The owner or operator of a commercial or industrial
I, establishment shall provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 or 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 MS4. 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 in compliance with the provisions of this section.These BMPs shall
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be part of a SWPPP as necessary for compliance with requirements of the NPDES permit.
Sec.78-411,-Watercourse protection.
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Every person owning property through which a watercourse passes, or such person's
lessee, shall keen 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 privately owned structures within or adjacent to a watercourse. so that such structures
will not become a hazard to the use, function or physical integrity of the watercourse.
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Sec.7$-412.-Notification of spills.
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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 which are resulting or may result in
illegal discharges or pollutants discharging into stormwater, the storm drain system or water of
the U.S., said person shall take all 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
stormwater utility director in person or by telephone or facsimile within twenty-four(24)hours.
Notifications in person or by telephone shall be confirmed by written notice addressed and
mailed to the stormwater utility director or designee within seventy-two (72) hours of the
telephone notice. If the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its recurrence. Such records shall
be retained for at least three years.
Sec.78-413.—Enforcement.
The code enforcement board shall have jurisdiction to hear and decide alleged violations
of this ordinance. Each day of violation shall constitute a separate violation.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be
incorporated into the City of Cape Canaveral City Code and any section or paragraph, number or
letter and any heading may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical and like errors may be corrected and additions, alterations and
omissions, not affecting the construction or meaning of this Ordinance and the City Code may be
freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural or any other reason, such portion
I shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral,Florida.
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I ADOPTED by the City Council of the City of Cape Canaveral, Florida this 18th day of
June 20137', `
-. 0 `• �•'t Q' C
, , ROCKY
1 RAN ELS,Mayor
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i , , 0_ ,_- t 1 . s For Against
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A ST: - = John Bond _x__
i Bob Hoog Motion
ANGEL�t+kflity Clerk Buzz Petsos X
Rocky Randels X
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1 Betty Walsh Second
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First Reading: May 21, 2013
Legal Ad published: May 30, 7013
0 Second Reading: _Tune 1 8,2013
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Approv • as • egal form and sufficiency
for th • • o FA Canaveral only by
, .....t/e ...
ANTHONY A.GARGANESE,City Attorney
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