HomeMy WebLinkAbout2004 01 12 Public Hearings 4084
COMMISSION AGENDA
ITEM 408
Consent
Informational
Public Hearing
X
Regular
January 12, 2004 Mgr. / Dept.
Meeting Authorization
REQUEST: The Public Works Department requests that the City Commission consider
First Reading of Ordinance 2004-01 amending Chapter 19, Article V, of
the City Code of Ordinances, entitled Stormwater Management Utility.
PURPOSE: The purpose of this ordinance to comply with the legal authority
requirement on the final enforcement authority for the elimination of illicit
stormwater discharges as delineated in our NPDES permit issued by the
EPA.
APPLICABLE LAW AND PUBLIC POLICY:
NPDES Permit
The National Pollution Discharge Elimination System "NPDES" permit regulates the
discharge of pollutants into the waters the United States. The City is a NPDES permittee along
with the County and seven cities. One of the specific permit conditions for the City is to
incorporate into the code of ordinances provisions for the control of illicit discharges including
enforcement actions. This ordinance fulfils the permit conditions.
CONSIDERATIONS:
The EPA requested in a letter dated August 7, 2003 concerning the City of Winter
Springs portion of the Seminole County Year 3 NPDES MS4 Annual Report — Request for
Additional Information (RAI), a schedule to comply with the legal authority requirement on the
final enforcement authority for the elimination of illicit discharges.
R
Public Hearing Agenda Item 408
January 12, 2004
Page 2
The first reading of Ordinance 2004-01 incorporates language addressing allowable
stormwater discharges, elimination of illicit discharges and enforcement authority as outlined in
Part It Ta of the permit.
IMPLEMENTATION SCHEDULE:
Jan. 12, 2004 - I" Reading Ordinance 2004-01
Jan..15, 2004 - Public Noticing in Orlando Sentinel for 2nd Reading/Adoption by the
Commission
Jan. 26, 2004 - 2°d Reading/Adoption Ordinance 2004-01
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for
First Reading of Ordinance 2004-01, amending the Code to comply with the
legal authority requirement on the final enforcement authority for the elimination
of illicit stormwater discharges as delineated in our NPDES permit issued by the
EPA.
ATTACHMENTS:
1. Ordinance 2004-01
COMMISSION ACTION:
ATTACHMENT NO. 1
ORDINANCE NO. 2004-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 19, ARTICLE V, OF THE CITY CODE OF
ORDINANCE, ENTITLED STORMWATER MANAGEMENT
UTILITY; PROVIDING PURPOSE AND INTENT;
PROVIDING AN AMENDED RATE STRUCTURE;
PROVIDING POWERS AND DUTIES OF THE
ADMINISTRATIVE OFFICIAL; PROVDING PROHIBITED
ACTS; PROVIDING FOR INSPECTIONS, MONITORING,
AND COMPLIANCE; PROVIDING FOR ENFORCEMENT
AND PENALTIES; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the
Florida Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the collection of and disposal of storm and surface water are of
benefit and provide services to all property within the City including property not
presently served by the stormwater utility; and
WHEREAS, the cost of operating and maintaining the city stormwater
management utility system and financing necessary repairs, replacements, improvements
and extension thereof should, to the extent practicable, be allocated in relationship to the
user impacts, benefits enjoyed and services received there from; and
WHEREAS, all property within the city demonstrates a hydrologic response to
rainfall events which generates stormwater runoff. The volume, rate, and quality of this
runoff will vary with the soil type, land use conditions, topographic conditions, and other
variables. In particular, the construction of commercial units on previously undeveloped
property will generally increase the volume and rate of stormwater runoff, and adversely
affect its water quality; and
WHEREAS, in accordance with Section 403.0893, Florida Statutes, the City may
establish one or more stormwater utilities and adopt stormwater utility fees sufficient to
plan, construct, operate, and maintain stormwater management systems; and
WHEREAS, the City is a permittee of the National Pollution Discharge
Elimination System ("NPDES"), which regulates the discharge of pollutants into waters
of the United States; and
City of Winter Springs
Ordinance 2004-01
Page 1 of 15
WHEREAS, the Utility/Public Works Director and the City's environmental
consultant, upon review of the NPDES permit, City Code, and City procedures, have
recommend that certain changes to the City; and
WHEREAS, the City Commission is aware of the Florida Supreme Court's
recent decision in City of Gainesville v. State, 2003 WL 22052315 (Fla. 2003) and desires
to amend its stormwater utility fee structure to ensure conformance with the Supreme
Courts opinion; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, has
determined it to be in the best interest of the safety, health, and welfare of the citizens of
the City of Winter Springs to provide for the amendment of code relating to Stormwater
Management Utility; and
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein by this reference as legislative findings of the City Commission.
Section 2. Code Amendment, Chapter 19, Article V. The City of Winter
Springs Code, Chapter 19, Article V, is hereby amended as follows (underlined type
indicates additions and s6fikeeut type indicates deletions, while asterisks (***) indicate a
deletion from the Ordinance of text existing in Chapter 19, Article V. It is intended that
the text in Chapter 19, Article V, denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 19 — UTILITIES
ARTICLE V. STORMWATER MANAGEMENT UTILITY
See.19-161. Title.
This Article V shall be known and may be cited as the "Stormwater Management
Utility" article and the provisions hereof shall pertain to all lands within the City of
Winter Springs except as is otherwise herein provided.
Sec. 26-161.5. Purpose and intent.
It is the purpose and intent of this Article to establish stormwater management as
a city utility and to establish a program of user charges and fees for stormwater
management services, which charges and fees are to be levied against all developed
property within the city to accomplish the purposes of such utility.
See.19-162. Definitions.
City of Winter Springs
Ordinance 2004-01
Page 2 of 15
For the purpose of this article, the following definitions shall apply; words used in
the singular shall include the plural, and the plural, the singular; words used in the present
tense shall include the future tense. The word "shall" is mandatory and not discretionary.
The word "may" is permissive. Words not defined herein shall be construed to have the
meaning given by common and ordinary use.
Best Management Practices (BMP's) shall mean schedules of activities, prohibitions of
practices, maintenance procedures, treatment methods and other management practices to
prevent or reduce pollutants from entering the MS4 or being discharged from the MS4.
City shall mean the City of Winter Springs.
Clean Water Act or CWA shall mean Public Law (PL) 92-500 as amended PL95-217
PL95-576, PL6-483, PL97-117 and 33 U.S.C. 1251 et seq., as amended by the Water
Quality Act of 1987, PL100-4.
Construction activities shall mean the alteration of land during construction and includes
such activities as clearing, grading, and excavation.
Developed property shall mean any parcel which contains impervious area.
Director shall mean the Director of Public
Works of the City of Winter Springs, or the director's desi nee.
Discharge shall mean the release of liquid, solid or gaseous material and includes, but is
not limited to, a release, spilling, leaking, seeping, pouring, emitting emptyingand/or
nd/or
dumping of any substance of material.
Dwelling unit shall mean any single residential space identified for habitation by persons
and including permanent provisions for living, sleeping, eating, cooking and sanitation or
as classified by the City Building Code, including, but not limited to: residential rooms or.
combination of rooms designed to be occupied on a permanent or long-term basis not
otherwise defined as a hotel or motel; apartment units; condominium units; multi -family
units and prepared mobile home spaces. Multi -unit residential structures or complexes
shall be deemed to consist of multiple dwelling units, regardless of whether or not such
are served by a single water or sewer connection. Boarding houses and rooming houses
as elsewhere defined in this Code shall constitute one (1) equivalent single-family
residential unit.
Equivalent residential unit (ERU) shall mean the statistical average impervious area of
residential developed property per dwelling unit within the city. The numerical value of
one (1) ERU shall be an impervious area that shall be adopted by the city commission in
the rate resolution.
Illicit Connection shall mean source discharges to the City's MS4 or to waters of the
City of Winter Springs
Ordinance 2004-01
Page 3 of 15
United States, which are not composed entirely of stormwater and are not authorized by
permit.
Illicit Discharge shall mean discharge to the City's MS4 or to waters of the United States
which is not composed entirely of stormwater, unless exempted pursuant to this Article,
or the discharge to the Citv's MS4 or to waters of the United States which is not in
compliance with federal, state or local permits.
Impervious area shall mean land surfaces, natural or man -affected, which do not, or only
minimally, allow the penetration and/or infiltration of water including, but not limited to
roofed and paved areas, areas covered by roofs, roof extensions, slabs, patios, Porches,
driveway, sidewalks, parking areas, athletic courts/areas and roadways.
Industrial activities shall mean activities at facilities identified by the United States
Environmental Protection Agency as requiring an NPDES stormwater permit in
accordance with Title 40 Code of the Federal Regulations, Part 122.26 and any
amendment thereto.
Municipal Separate Storm Sewer System or MS4 shall mean a conveyance, storage area
or system of conveyances and storage areas (including, but not limited to, roads with
drainage systems, streets, catch basins, curbs, gutters, ditches, manmade channels, storm
drains, treatment ponds and other structural BMP's) owned or operated by a local
government that discharges to waters of the United States or to"other MS4's that is
designed solely for collecting, treating or conveying stormwater and that is not part of
publicly owned treatment works (POTW).
Nonresidential property shall mean developed property that is classified by the property
appraiser as land use types 10 through 99 under the Florida Department of Revenue Land
Use Codes, as may be amended from time to time, and shall be deemed to include, but
not be limited to, dormitories, hospitals, nursing homes, sanitariums, recreational vehicle
spaces, hotels and motels. Any property that contains both residential and nonresidential
facilities shall be treated as the type property that will result in the larger number of
equivalent residential units (ERU's).
Nuisance Species shall mean species of flora or fauna whose noxious characteristics or
presence in sufficient number, biomass, or a real extent may reasonable be expected to
prevent, or unreasonably interfere with, a designated use of those waters.
Person shall mean any individual, partnership, firm, organization, corporation,
association or other legal_entity, whether singular or plural, as the context may require.
Point source shall mean any discernible and confined conveyance including, but not
limited to, any pipe, ditch, channel, conduit, well, container, rolling stocks, concentrated
animal feeding operation, vessel or other floating craft from which pollutants are
discharged. This term does not include return flows from irrigated agriculture.
City of Winter Springs
Ordinance 2004-01
Page 4 of 15
Pollution shall mean the presence in the outdoor atmosphere or surface waters of any
substances, contaminants, noise, or man-made or man -induced alteration of the chemical
physical, biological or radiological integrity of air or water in quantities or levels which
are or may be potentially harmful or injurious to human health or welfare animal or plant
life, or property, including outdoor recreation. Pollutants shall include but not limited to
dredged spoil, solid waste, incinerator residue filter backwash sewage garbage sewage
sludge, munitions, chemical wastes, biological materials wrecked or damaged
equipment, rock, sand and industrial, municipal and agriculture waste discharged into the
MS4.
Reclaimed water shall mean water that has received at least advanced secondary
treatment and basic disinfection and is reused after flowing out of a wastewater treatment
facility.
Residential property shall mean any developed property which has the majority use as a
residence and is so classified by the Seminole County property appraiser.
Reuse shall mean the deliberate application of reclaimed water, in compliance with
Florida Department of Environmental Protection and/or St Johns River Water
Management District rules, for a beneficial purpose.
Runoff shall mean the surface flow of water which results from and occurs following a
rainfall event.
Significant construction activities shall mean construction activities which result in the
disturbance of five (5) acres or more of total land area.
Significant re -development shall mean the alteration of an existing development which
results in the increase in the discharge of a stormwater facility beyond its previously
designed and constructed capacity, or increased -pollution or changed points of discharge
except emergency repairs.
Spill shall mean illicit discharge.
Stormwater shall mean surface runoff and the discharge of runoff water resultingfrom
rom
rainfall.
Stormwater management system means the system by which the city manages and
controls stormwater within the city. The system includes management services such as
designing, permitting, planning and reviewing stormwater related infrastructure; and the
operation, maintenance, repair and replacement and improvement of said infrastructure
consistent with the capital improvements and stormwater management elements of the
city's comprehensive plan..
Stormwater management utility fee means a non ad valorem assessment benefiting
developed property parcels.
City of Winter Springs
Ordinance 2004-01
Page 5 of 15
Waters of the United States shall mean surface and ground waters as defined by Title 40
Code of the Federal Regulations, Part 122.2, and any amendments thereto.
See.19-164. Schedule of rates.
(a) The stormwater management utility fee shall be three dollafs and twenty Fwe
eents ($3 25) pef ERU adopted from time to time by ordinance of the City
Commission (the "rate ordinance"), and shall be calculated for each developed
property as follows:
() Undeveloped property. There shall be no stormwater management utility fee
charged to undeveloped property that has not been altered from its natural state
by dredging, filling, removal of trees and vegetation or other activities which have
disturbed or altered the topography or soils on the property,
Sec.19-168. Powers, duties and responsibilities of director
The director shall have the power (but is not limited) to:
Administer and enforce this article and any other appropriate stormwater related
codes and regulations, and support regulations in the operation maintenance
alteration, repair and replacement of stormwater management systems facilities
and devices:
Plan and execute stormwater management programs;
Plan, design, acquire right-of-way for, and construct capital projects as approved
and funded by the city commission,
Research, develop and refine experimental and prototypical stormwater
management systems, facilities, devices and techniques;
(55) Inspect public and private systems so as to assure performance and compliance
with applicable stormwater codes and regulations;
(66,) Review drawings, submittals, and site plans, both public and private for
stormwater management systems, devices, and facilities for adpquacy,
sufficiency, and consistency with applicable codes and regulations-,
Prepare a master stormwater managementplan;
City of Winter Springs
Ordinance 2004-01
Page 6 of 15
Charge and collect fees; fines and penalties, maintain billing and collection
systems and records, conduct periodic rate studies so as to maintain an efficient
and equitable rate structure; and ensure a prudent and stable financial base from
which to operate;
Advise the city manager or, consistent with Charter, other appropriate city
officials on matters concerning stormwater management;
Promulgate rules, practices and procedures necessary for efficient and effective
management of the utility; and
Perform acts incidental and/or necessary to the efficient and effective operation of
the utility.
Sec. 19-169 Prohibited acts, generally.
No person, unless expressly_ authorized in writing by the director shall tamper
with, work on, connect to or in any way alter or damage any part of the city's utility
system, including the potable water, reclaimed water, sanitary sewer and/or stormwater
systems. Tampering or work shall include, but not be limited to, unauthorized operation
of city owned valves, meter tampering, straightlines, unauthorized taps, line ruptures
and/or illegal dumping
Sec. 19-170 Discharges into natural waters and the municipal storm sewer system
(a) Discharge to the City's MS4 shall be controlled to the extent that such discharges
will not impair the operation of the MS4 or contribute to the failure of the MS4 to
meet any local, state or federal requirements, including but not limited to
NPDES Permit No. FLS000038. Discharge to the waters of the United States
shall be controlled to the extent that the discharge will be controlled to the
maximum extent practicable as defined in NPDES Permit No. FLS000038
b) Stonnwater discharges to the MS4 from industrial, commercial or construction
activities and from new development or redevelopment projects are required to
obtain appropriate local, state and/or federal permits prior to discharging the MS4.
Lcj Any person determined by the city to be responsible for a discharge contributin
to the failure of the city's MS4 to comply with the provisions and conditions of an
NPDES permit shall be guilty of a violation of this chapter and shall provide
corrective measures as determined necessary by the director, and shall be liable
for fines and damages.
The following non-stormwater discharges will be allowed to enter storm systems
except when water quality standards applicable to all re latory authorities are
City of Winter Springs
Ordinance 2004-01
Page 7 of 15
exceeded, and where the non-stormwater discharges are not identified as a source
of pollutants to waters of the United States:
(1) Water Line Flushing;
(2) Landscape Irrigation;
(3) Flushing of reclaimed water lines;
(4) Street Cleaning;
(5) Construction dust control;
(6) Diverted stream flows;
(7) Rising ground waters;
(8) Foundation, footing drains, roof drains;
(9) Swimming pool discharges;
(10) Uncontaminated ground water infiltration (as defined at Title 40 Code of
Federal Regulation, Part 35.205(20));
(11) Uncontaminated pumped ground water,
(12) Discharges from potable water sources;
(13) Air conditioning condensate;
(14) Irrigation water;
(15) Springs;
(16) Lawn watering;
(17) Sidewalk/building power washing;
(18) Individual residential car washing;
(19) Flows from riparian habitat and wetlands; and/or
(20) Discharges or flow from emergency fire fighting activities and emergency
response activities done in accordance with adopted spill response/action
plan.
Le) It shall be unlawful for any person to drain, deposit, place or otherwise discharge
into any natural water body or stormwater system within the City, or to cause or
Permit to be drained, deposited, placed or otherwise discharged into such waters
any organic or inorganic matter ("polluting matter") which causes or tends to
cause pollution, pursuant to the water duality standards established by the
applicable re ug )atomagencies. Polluting matter includes but is not limited to
the following:
(1) Petroleum products, including, but not limited to oil, gasoline and rg ease•
(2) Solid Waste;
(3) Pet Waste;
(4) Chemicals;
(5) Paints;
(6) Soaks;
(7) Launda Waste;
(8) Pesticides, Herbicides or Fertilizers;
(9) Degreasers, Solvents;
(10) Sanitary Sewage;
(11) Chemically treated cooling water;
City of Winter Springs
Ordinance 2004-01
Page 8 of 15
(12) Antifreeze, and other automotive products;
(13) Lawn clippings, leaves, branches, etc.;
(14) Animal Carcasses;
(15) Silt;
(16) Acids or alkalis;
(17) Recreational Vehicle Waters;
(18) Dyes;
(19) Construction materials;
(20) Any groundwater wbich contains phosphorous or nitrogen concentrations
greater than the surface water into which the groundwater is discharged;
(21) Any water which exceeds the state surface water standards;
(22) Toxic or poisonous solids or liquids, and/or
(23) Solids in such quantities or of such size capable of causing interference or
obstruction to the flow in the City's stormwater system or natural water
bodies.
Sec. 19-170.5. Stormwater discharges from industrial, commercial and construction
activities.
(a) Stormwater discharges from industrial and commercial activities shall be treated
or managed on site, in accordance with appropriate federal, state or local permits
and regulations, prior to discharge to the city's MS4.
Stornwater discharges from significant construction activities shall be treated or
managed on -site in accordance with appropriate federal, state or local permits and
regulations, prior to discharge to the city's MS4. Erosion sediment and pollution
controls for the construction site shall be properly implemented maintained and
operated according to a pollution prevention plan required by an NPDES permit
for the discharge of stormwater from construction activities, or according to a
state permit issued by the Florida Department of Environmental Protection or St.
Johns River Water Management District.
lci. Construction activity which is not defined as significant is still characterized as an
illicit connection or illicit discharge if the activitv causes an impairment of the
operation of the MS4 or contributes to the failure of the MS4 to meet any local
state or federal requirements, including, but not limited to NPDES permits.
The owners or operators of industrial facilities, commercial entities and
construction sites which discharge stormwater to the city's MS4 shall provide
prior written notification to the city of the discharge and shall have received prior
approval of the discharge from the city.
Sec.19-171. Prohibition of illicit discharges and illicit connections.
(a) Illicit discharges and illicit connections to the city's MS4 are prohibited.
City of Winter Springs
Ordinance 2004-01
Page 9 of 15
(b Failure to report a connection from industrial activities commercial entities or
construction activities to the city's MS4 or to waters of the United States
constitutes an illicit connection.
1j Failure to report to the city a discharge from industrial activities commercial
entities or construction activities to the city's MS4 or to waters of the United
States constitutes an illicit discharge.
Any discharge to the city's MS4 or to waters of the United States which is in
violation of federal, state or local permits or regulations constitutes an illicit
discharge.
(e) Persons responsible for illicit discharges or illicit connections shall immediately
cease the illicit discharge or illicit connection and obtain amn rip ate approvals
from applicable regulatory agencies prior to resuming the discharge or
connection.
Sec. 19-172. Control of pollutant contributions from interconnected municipal
storm sewer systems.
The discharge of stormwater between interconnected state county city or other
MS4s shall not and shall not be permitted to cause the city's MS4 to be in violation of the
provisions of an NPDES permit. Owners of any portion of the Seminole County
interconnected MS4 shall be responsible for controlling the quality and quantity of
discharge of stormwater to the city's MS4
Sec. 19-173. Inspection. Monitoring for Compliance and Operational Maintenance
Requirements
City personnel shall be granted access for inspection of facilities discharging or
suspected of discharging to the city's MS4 or waters of the United States in order to
effectuate the provisions of this ordinance and to investigate violations or potential
violations of any of the terms herein. All structures and processes which allow discharges
to the city's MS4, as well as records concerning them shall be made accessible to the
city's personnel for this purpose.
Structural controls and other BMPs used for controlling the discharge of
pollutants to the city's MS4 or to waters of the United States shall be operated and
maintained so as to function in accordance with permitted design and performance
criteria and in compliance with federal state or local permit conditions and regulations
L, The operation and maintenance entity is uired to provide for periodic
inspections of the stormwater management system to insure that the
system is functioning as designed and permitted.
City of Winter Springs
Ordinance 2004-01
Page 10 of 15
(2) The following operational maintenance activities shall be performed on all
public stormwater systems on a regular basis or as needed:
A Removal of trash and debris;
B. Inspection of inlets and outlets;
C. Removal of sediments when the storage volume or conveyance
capacity of the stormwater management system is below design
levels;
D. Stabilization and restoration of eroded areas;
E. Mowing and removal of grass cliclippings
F. Aeration, tilling, or replacement of topsoil as needed to restore the
percolation capability of retention and swale systems. If tilling or
replacement of the topsoil is utilized, vegetation must be
established on the disturbed surfaces;
G. Undesirable species such as cattails and exotic plants should be
controlled and minimized; and
H. It is recommended that that native vegetation be maintained in the
littoral zone as part of the system's operation and maintenance
plan-
(3) If the system is not functioning_ as designed and permitted, operational
maintenance must be performed immediately to restore the system If
operational maintenance measures are insufficient to enable the system to
meet the design and performance standards, the responsible entity must
either replace the system or construct an alternative design.
Sec.19-174. High Risk Screening
Lal The City shall developed and maintain a program for identifying and controlling
pollutants, to the MS4 that are within the limits of the City of Winter Wirings
Those located outside the City's limits shall be reported to the applicable
municipality, SJRWMD, FDOT or FDEP for further investigation and/or
enforcement actions.
bb) This program shall be consistent with State Water Policy, and involves monitoring
stormwater discharges to the MS4 from:
01 municipallandfill(s);
City of Winter Springs
Ordinance 2004-01
Page 11 of 15
(2) hazardous waste treatment, storage, disposal and recovery facilities;
u facilities that are subject to EPCRA Title III, Section 313, and
U other industrial or commercial discharge in which in the determination of
the City may contribute a substantial pollutant loading to the MS4.
(c) The high risk screening program shall require:
Inspecting businesses and government owned facilities that could
potentially generate hazardous waste as well as other waste streams of
concern. As part of this process photographs will be taken and the
location of the inspection will be geo-referenced.
Items looked at during inspections shall generally include, but not be
limited to:
A. Source of water supply (municipal or private well).
B. Type of sewage disposal.
C. If there are any floor drains and where they discharge to.
D. Storage practices for hazardous materials.
E. Specific waste streams generated and how they are managed and
disposed of.
F. Evidence of spilled oil, chemicals, etc.
G. Stormwater information including:
i. Indications of illicit discharges.
ii. Where it discharges to.
iii. Activities that may affect stormwater.
H. Manifests and other documentation that substantiates wastes are
managed and disposed of properly.
Investigating complaints relating to environmental issues involving both
businesses and private residences. These complaints cover a wide range
of issues, e.g.,
A. Im-roper disposal of wastes.
B. Storing hazardous materials and/or waste under conditions that
could result in contamination of soil, groundwater or waters of the
state. -
C. Illicit discharges.
City of Winter Springs
Ordinance 2004-01
Page 12 of 15
Following up on major spills to ensure they are remediated properly by the
responsible party and all contaminated materials are disposed of properly.
Recording and maintaining both an electronic database and a hardcopy
file.
A. The database is updated by_
i. Adding potential generators from new businesses that apply for
a City or County Occupational License.
ii. Potential generators found in the trade directories and Yellow
Pages, and searches performed through the internet. And
iii. Complaints from anonymous and known individuals as well as
those referred to the City by FDEP or other repulatory
agencies.
Sec.19-175. Enforcement, Penalties and Legal Proceedings
(a) The city may enforce the provisions of this Article by any lawful means
including, but not limited to, issuing a civil citation, bringing charges before the.
city's code enforcement board or special master, and seeking injunctive and
equitable relief.
(b Where a violation of this Article does not constitute a hazardous condition
requiring immediate and direct governmental action to abate a serious and
continuing danger to the public, notice shall be provided to the property owner in
accordance with Chapter 162, Florida Statutes and Chapter 2 Article In, Division
2, of the City Code, describing a violation of this Article. All persons in violation
of this Article shall address such violations immediately by providing a written
response outlining the temporary and permanent measures that will be taken to
correct the violation and a proposed schedule for completion of the corrective
measures. Proposals for corrective action are subject to the approval of the
director.
(c) In addition, cease and desist orders may be issued by the City's code enforcement
department as provided herein. Such order shall be served upon the person(s0
responsible for the violation in the same manner as notices of violation are served
and as described above. Specific activities and operations may be ordered to
cease and desist based upon the following conditions:
In a situation that may have a serious effect on the health safqY or
welfare of the public or the environment, including the quality of
stormwater in the City's MS4, or
City of Winter Springs
Ordinance 2004-01
Page 13 of 15
(2) When irreversible or irreparable harm. may result in the reasonable
opinion of the City's Code Enforcement Officers and immediate cessation
of the activity is necessary to protect the public or the environment
including the quality of stormwater in the City's MS4
In addition to any fines which may be imposed by the City of Winter Springs
Code Enforcement Board, Persons responsible for violation of the Ordinance shall
be liable for all sampling and analytical costs incurred in monitoring the
discharge, and state and/or federal fines imposed as a result of the discharge and
costs of removing or properly treating the discharge.
(e) Any fines or other funds received as a result of enforcement under this Article
which are not used for specific purposes set forth in this Article shall be deposited
in Stormwater Utility Fund.
Sees. 19-468 176-19-199. Reserved.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All
prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of
prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of
the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated
into the Winter Springs City Code and any section or paragraph number or letter and any
heading may be changed or modified as necessary to effectuate the foregoing.
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 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 Commission of the City of Winter Springs,
Florida, and pursuant to City Charter.
[Adoption next page]
City of Winter Springs
Ordinance 2004-01
Page 14 of 15
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the day of , 2004.
ATTEST:
CITY OF WINTER SPRINGS,
FLORIDA
ANDREA LORENZO-LUACES JOHN F. BUSH
City Clerk Mayor
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE
City Attorney
First Reading
Posted
Second Reading and Public Hearing
City of Winter Springs
Ordinance 2004-01
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