Staff recommends approval of the illicit discharge ordinance.
The City of Leesburg’s National Pollution Discharge Elimination System Program (NPDES) requires the City to create an illicit discharge ordinance. This ordinance will prohibit illegal discharges to our stormwater system, provide for access to and inspection of regulated facilities, and specify penalties for non compliance.
1. Adopt the ordinance
2. Such alternative action as the Commission may deem appropriate
There is no fiscal impact on the Stormwater fund
Department: Environmental Services
Prepared by: Tracey Dean
Attachments: YesX No ______
Advertised: ____Not Required ______
Attorney Review : Yes___ No ____
Reviewed by: Dept. Head ________
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, CREATING §28- - 16 OF THE CODE OF ORDINANCES, REGULATING STORMWATER QUALITY MANAGEMENT AND DISCHARGE CONTROL, PROVIDING DEFINITIONS, PROVIDING FOR ADMINISTRATION AND ENFORCEMENT, PROVIDING FOR SEVERABILITY, PROHIBITING ILLEGAL DISCHARGES INTO THE STORMWATER MANAGEMENT SYSTEM, PROVIDING FOR ACCESS TO AND INSPECTION OF REGULATED FACILITIES, AUTHORIZING PROMULGATION OF RULES AND PROCEDURES GOVERNING STORMWATER POLLUTANTS, PROVIDING FOR WATERCOURSE PROTECTION, SPECIFYING PENALTIES, PROVIDING AN APPEALS PROCESS, PROVIDING FOR RECOVERY OF ENFORCEMENT COSTS, REPEALING CONFLICTING ORDINANCES, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Leesburg maintains a stormwater management system, and
WHEREAS, portions of the water and other substances which enter the stormwater management system are discharged into lakes, streams or other bodies of water or watercourses, and
WHEREAS, to protect the quality of water entering the stormwater management system and discharged into lakes, streams and other bodies of water, it is necessary to regulate discharges from private property which may enter the stormwater management system, and
WHEREAS, regulation of discharges entering the stormwater management system will provide protection to the public health, safety and welfare through the protection and enhancement of water quality and the prevention of discharges which may pollute area lakes, streams and other bodies of water,
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:
A new Section 28-16 is hereby added to Chapter 28 of the City of Leesburg Code regarding Urban Storm Water Quality Management and Discharge Control, which shall read in its entirety as follows:
Sec. 28-16. STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONTROL.
Section 28-16.1 PURPOSE/INTENT
The purpose of this section is to provide for the health, safety, and general welfare of the citizens of the City of Leesburg, Florida through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This section 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 section are:
(1) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharge by any user.
(2) To prohibit Illicit Connections and Discharges to the municipal separate storm sewer system and,
(3) To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this section.
Section 28-16.2 DEFINITIONS
The terms used in this Article shall have the following meanings:
(a) Best Management Practices. Activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best Management Practices include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the City determines appropriate for the control of pollutants.
(b) City. The City of Leesburg.
(c) Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
(d) Construction Activity. Activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of 5 acres or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
(e) Hazardous Materials. 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, or disposed.
(f) Illegal Discharge. Any direct or indirect non-storm water discharge to the storm drain system, except:
(1) Storm water, as defined in 40 CFR Part 122.26(b)(13).
(2) Water line flushing;
(3) Landscape irrigation;
(4) Diverted stream flows;
(5) Rising groundwater;
(6) Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(20) to separate storm sewers;
(7) Uncontaminated pumped groundwater;
(8) Discharges from potable water sources;
(9) Foundation drains;
(10) Air conditioning condensate;
(11) Irrigation water;
(13) Water from crawl space pumps;
(14) Footing drains;
(15) Lawn watering
(16) Individual residential car washing;
(17) Flows from riparian habitats and wetlands;
(18) Dechlorinated swimming pool discharges;
(19) Street wash waters resulting from normal street cleaning operations;
(20) Discharges or flows from emergency fire fighting activities.
(g) Illicit Connections. An 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-storm water 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 a government agency; 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, maps, or equivalent records and approved by the City.
(h) Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).
(i) National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permits, General, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. (j) Non-Storm Water Discharge. Any discharge to the storm drain system that is not composed entirely of storm water.
(k) Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, 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 (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.
(l) Pollution. The human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.
(m) Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
(n) Storm Drain System. Publicly-owned facilities operated by the City by which storm water is 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 which are within the City and are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2.
(o) Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from rain storm events.
(p) Waters of the United States. Surface watercourses and water bodies as defined at 40 CFR §122.2. including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.
Section 28-16.3. Applicability.
This Section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the City of Leesburg including any amendments or revisions thereto.
Section 28-16.4. Responsibility for Administration.
The Environmental Services Director of the City shall administer, implement, and enforce the provisions of this Section. Any powers granted or duties imposed upon the Environmental Services Director may be delegated in writing by the Environmental Services Director to persons or entities acting in the beneficial interest of or in the employ of the City.
Section 28-16.5. Severability.
The provisions of this Section are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Section.
Section 28-16.6. Ultimate Responsibility of Discharger.
The standards set forth herein and promulgated pursuant to this Article are minimum standards;
therefore this Article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the U.S. caused by said person. This Section shall not create liability on the part of the City of Leesburg, or any agent or employee thereof for any damages that result from any discharger's reliance on this Section or any administrative decision lawfully made hereunder.
Section 28-16.7. Prohibition of Illegal Discharges.
No person shall discharge or cause to be discharged into the municipal storm drain system or
Water courses 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 storm water.
The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited the activates prohibited hereby are described, in part, as follows:
(1) Sanitary wastewater
(2) Effluent from septic tanks
(3) Car wash wastewaters, except as specifically exempted herein
(4) Improper oil disposal
(5) Antifreeze and other automotive products
(6) Sump pump discharges
(7) Laundry wastewaters
(8) Spills from roadway accidents
(9) Improper disposal of household toxics
(10) Petroleum products, including but not limited to oil, gasoline, and grease
(11) Solid waste
(12) Pet waste
(16) Steam cleaning wastes
(17) Pesticides, herbicides, or fertilizers
(19) Heated water
(20) Chemically treated cooling water
(21) Lawn clippings, leaves, branches, etc.
(22) Animal carcasses
(24) Acids or alkalis
(25) Recreational vehicles waste
(26) Dyes (without prior permission of the Director of Environmental Services)
(27) Construction materials
(28) Toxic or poisonous solids or liquids
(29) Solids in such quantities or of such size as to be capable of causing interference or obstruction to the flow in the City’s storm water system
It shall be unlawful to wash any public or private streets, buildings, sidewalks, or parking areas, unless all visible debris and sediments have been removed prior to washing. If the removal of the debris and sediments is not feasible (as determined by the Director of Environmental Services), then the street, building, etc. may only be washed with the Director of Environmental Services prior written approval, which may include requirements to clean the affected drainage pipelines or provide treatment of wash water runoff to prevent downstream pollution. Only water may be used for washing purposes.
Violation of this subsection shall subject the violator to a civil penalty of not less than two hundred fifty dollars nor more than five thousand dollars per day for each day of violation. Each day of violation may constitute a separate violation.
Section 28-16.8. Prohibition of Illicit Connections.
(a) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
(b) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(c) A person is considered to be in violation of this Section if the person connects a line conveying sewage to the MS4, or allows a connection to continue.
Section 28-16.9. Waste Disposal Prohibitions.
No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or
maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or water of the U.S., any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition
Section 28-16.10. Discharges in Violation of Industrial or Construction Activity NPDES Storm Water Discharge Permit.
Any person subject to an industrial or construction activity NPDES storm water 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 Environmental Services Director prior to or as a condition of approving a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
Section 28-16.11. Monitoring of Discharges
This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity.
Access to Facilities,
(a) The City of Leesburg, or other authorized enforcement agency, shall be permitted to enter and inspect facilities subject to regulations under this ordinance as often as may be necessary to determine compliance with this ordinance. 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 representatives of the authorized enforcement agency.
(b) Facility operators shall allow the City of Leesburg, or other authorized enforcement agency, 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 the NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.
(c) The City of Leesburg, or other authorized enforcement agency, shall have the right to set up on any facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility’s storm water discharges.
(d) The City of Leesburg, or other authorized enforcement agency, has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and 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 storm water flow and quality shall be calibrated to ensure their accuracy.
(e) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City of Leesburg, or other authorized enforcement agency, and shall not be replaced. The cost of clearing such access shall be borne by the operator.
(f) If the City of Leesburg, or other authorized enforcement agency, has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, 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 ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
Section 28-16.12. Requirement to Prevent, Control, and Reduce Storm Water Pollutants
(a) Authorization to Adopt and Impose Best Management Practices. The City may adopt requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. as a separate BMP Guidance Series. Where Best Management Practices requirements are promulgated by the City or any federal, State, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or water of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements. The Environmental Services Director will report to the City Commission annually on the status of implementation of
BMP's, the pollutants of concern to be addressed the next year, and any new BMPs to be developed.
(b) New Development and Redevelopment. The City may adopt requirements identifying appropriate Best Management Practices to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The City shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this Section.
(c) Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (a) and (b), any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the storm drain system, or waters of the U.S. shall implement Best Management Practices to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense. Best Management Practices required by the City can be obtained from the Environmental Services Department
Section 28-16.13.. Requirement to Eliminate Illegal Discharges.
Notwithstanding the requirements of Sec. 28-16.11 herein, the Environmental Services Director
may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
Section 28-16.14. Requirement to Eliminate or Secure Approval for Illicit Connections.
(a) The Environmental Services Director may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this Article to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this Section.
(b) If, subsequent to eliminating a connection found to be in violation of this section, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense.
Section 28-16.15. Watercourse Protection.
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably 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. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. A permit from the FDEP may be required prior to this removal and is the responsibility of the owner/lessee to obtain. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed to from their property.
Section 28-16.16. Notification of Spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or
operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or waters of the U.S. from said facility, 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 a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, said person shall notify the City's Environmental Services Department in person or by phone or facsimile no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City's Environmental Services
Department within three business days of the phone 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.
Section 28-16.17. Enforcement
Notice of Violation.
Whenever the City of Leesburg, or other authorized enforcement agency, finds that a person has violated a prohibition or failed to meet a requirement of this Section, the Director may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices, or operations shall cease and desist;
(d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and
(e) Payment of administrative and remediation costs; incurred by the City in connection with the violation and
(f) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the City or a contractor designated by the Environmental Services Director and the expense thereof shall be charged to the violator. The notice shall advise the violator of the appeal rights afforded by Sec. 28-16-18
Section 28-16.18 Appeal. of Notice of Violation
Notwithstanding the provisions of Section 28-16.19 below, any person receiving a Notice of Violation under Section 28-16.17 above may appeal the determination of the Environmental Services Director to the City Manager. The notice of appeal must be received by the City Manager within 5 days from the date of the Notice of Violation. Hearing on the appeal before the City Manager or his/her designee shall take place within 15 days from the date of City's receipt of the notice of appeal. The decision of the City Manager or designee shall be final.
The act of filing an appeal seeking relief from the decision of the Environmental Services Director shall not be reason to stay the order to eliminate illicit discharges or connections, lift an order to cease and desist violating activities, or suspend the daily accumulation of a potential fine and/or imprisonment.
Section 28-16.19 Cost of Abatement of the Violation.
Within 30 days after abatement or remediation of a violation, the Environmental Services Director shall notify the property owner of the property of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within 10 days. The City Clerk shall set the matter for public hearing by the City Commission. The decision of the City Commission shall be set forth by resolution and shall be final. If the amount due is not paid within 10 days of the decision of the City Commission or the expiration of the time in which to file an appeal under this Section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the County Property Appraise so that the amount of the assessment can be recorded against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land.
Section 28-16.20. Violations.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Section. A violation of or failure to comply with any of the requirements of this Section shall constitute a misdemeanor and shall be punished as set forth below in Section 28-16.23 .
Section 28-16.21. Compensatory Action.
In lieu of enforcement proceedings, penalties, and remedies authorized by this Section, the Environmental Services Director may impose, upon a violator, alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, and similar alternative penalties.
Section 28-16.22. Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City.
Section 28-16.23 Criminal Prosecution
Any person that has violated or who continues to violate this section shall be liable to prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of not less than two hundred fifty dollars per violation, per day and/or imprisonment for (1) day for each day that a violation continues without remediation after notification of a violation, but not to exceed six months. The City may recover all attorney’s fees, court costs, administrative costs, and other expenses associated with enforcement of this section, including sampling and monitoring expenses.
Section 28-16.24 Remedies Not Exclusive
The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state, or local law and it is written the discretion of the City to seek cumulative remedies.
All ordinances or part of ordinances which are in conflict with this Ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so affected shall be hereby repealed in their entirety.
This Ordinance shall become effective upon its passage and adoption according to law.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the day of , 2011.
THE CITY OF LEESBURG, FLORIDA