HomeMy Public PortalAbout2012-02 Amending Chapter 8 Environment to create Stormwater ControlORDINANCE NO. 2012-2
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING CHAPTER 8 "ENVIRONMENT" TO
CREATE ARTICLE VII "STORMWATER CONTROL" IN
ORDER TO PROVIDE FOR STORMWATER MANAGEMENT
REGULATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, under the National Pollutant Discharge Elimination System (NPDES) program,
all nonresidential properties that discharge wastewater directly from a point source (a discrete
conveyance such as a pipe, ditch or channel) into a receiving waterbody are issued an NPDES
permit; and
WHEREAS, in compliance with the renewed MS4 Phase I NPDES permit issued to the
Village of Key Biscayne (the "Village"), the Village is required to adopt additional standards and
regulations regarding water quality, including standards concerning discharges to the Village's
stormwater system; and
WHEREAS, the Village Council hereby finds and declares that adoption of this Ordinance
is necessary, appropriate, and advances the public interest.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The preceding "Whereas" clauses are ratified and incorporated as the
legislative intent of this Ordinance.
Section 2. Village Code Amended. The Village Council hereby creates Article VII
"Stormwater Control," of Chapter 8 "Environment" as follows':
1 Revisions following first reading of the Ordinance are shown as follows: additions are indicated by underlined text,
and deletions are indicated by underlined and -strike-firmer-text.
Article VII. Stormwater Control.
Sec. 8-415. Purpose and intent.
The purpose of this article is to promote the health, safety and general welfare of the
inhabitants of the viVillage. This article is intended to comply with federal and state law and
regulations regarding water quality.
Sec. 8-416. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Authorized official means any employee or agent of the Willage authorized in writing by the
dDirector to administer or enforce the provisions of this article.
Director means the Village Manager or designee.
Discharge means any direct or indirect entry of any solid, liquid or gaseous matter.
Stormwater means any stormwater runoff, and surface runoff and drainage.
Stormwater system means the system of conveyances used for collecting, storing and
transporting s.Stormwater owned by the Willage, but not including any facilities intended to be used
in accordance with applicable law for collecting and transporting sanitary or other wastewater.
Sec. 8-417. Illicit discharges.
(a) Prohibitions. Except as set forth under subsection (b) of this section or as in accordance with
a valid National Pollutant Discharge Elimination System (NPDES) permit, any dDischarge to the
s•Stormwater System that is not composed entirely of Stormwater is prohibited. Further, any
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dDischarge to the sStormwater sSystem containing any sewage, industrial waste or other waste
materials, or containing any materials in violation of federal, state, county, municipal Village or
other laws, rules, regulations, orders or permits is prohibited.
(b) Authorized exceptions. Unless the dDirector determines that it is not properly managed or
otherwise is not acceptable, the following dDischarges are exempt from the general prohibitions set
forth under subsection (a) of this section:
(1) Flows from firefighting, water line flushing and other contributions from potable
water sources:
(2) Landscape irrigation and lawn watering:
(3) Irrigation water:
(4) Divertcd stream flows;
(5-) (4) Rising groundwaters:
(-6) (5) Direct infiltration to the sStormwater sSystem:
(-9. (6) Uncontaminated pumped groundwater:
(&) (7) Foundation and footing drains:
{9} (8) Water from crawl space pumps:
(10) (9) Air conditioning condensation:
{11) Springs;
(12) (10) Individual residential car washings:
(13) (11) Flows from riparian habitats and wetlands: and
(14) (12) Dechlorinated swimming pool contributions. Chlorinated swimming pools
shall not be drained into the sStormwater sSystem with the following exceptions:
dDischarges associated with backwashing filters when the backwash cycle generates less
than 1,000 gallons and chlorinated water overflowing from a pool associated with a
storm event.
(c) Illicit connections. No person may shall maintain, use or establish any direct or indirect
connection to the sStormwater sSystem that results in any dDischarge in violation of this article.
This prohibition is retroactive and applies to connections made prior to the date of this article,
regardless of whether made under a permit, or other authorization, or whether permissible under
the laws or practices applicable or prevailing at the time the connection was made.
(d) Administrative order. The director may issue an order to any person to immediately ccasc
iy discharge, or any colulcctlon to the stormwatcr system, determined by the director to be in
violation of any provision of this article, or in violation of any regulation or permit issued
hereunder.
fe-) (d) NPDES permits. Any person who holds an NPDES permit shall provide a copy of such
permit to the dDirector no later than the later of 60 calendar days after the effective date of the
oidinancc from which this article is derived, or 60 calendar days after issuance.
(e) Notification of dDischarges. As soon as any person has knowledge of any dDischarge to
the sStormwater sSystem in violation of this article, such person shall immediately notify the
director by telephoning (305-365-8945) Miami -Dade County Permitting, Environment and
Regulatory Affairs (PERA): and if such person is directly or indirectly responsible for such
dDischarge, he or she shall also take immediate action to ensure the containment and clean up
of such dDischarge, and shall confirm such notification in writing to the dDirector at
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Village of Icy Biscayne, 88 W. McIntyre Strcct Icy Biscayne, Florida 33149, within three
calendar days.
Sec. 8-418. Inspections and monitoring.
(a) Authority for inspections. Whenever necessary to make an inspection to enforce any of the
provisions of this article, or regulation or permit issued hereunder, or whenever an $Authorized
Official has reasonable cause to believe there exists any condition constituting a violation of
any of the provisions of this article, or regulation or permit issued hereunder, any aAuthorized
Official may enter any property, building or facility at any reasonable time to inspect the same
or to perform any duty related to the enforcement of the provisions of this article or any
regulations or permits issued hereunder: provided that if such property. building or facility is
occupied, such aAuthorized Official shall first present proper credentials and request
permission to enter, and if such property, building or facility is unoccupied, such ?Authorized
Official shall make a reasonable effort to locate the owner or other person having charge or
control of the property, building or facility, and shall request permission to enter. Any request
for permission to enter made hereunder shall state that the owner or person in control has the
right to refuse entry, and that if entry is refused, the aAuthorized eOfficial may enter to make
inspection only upon issuance of a search warrant by a duly authorized magistrate official. If the
owner or person in control refuses permission to enter after such request has been made, the
?Authorized eOfficial is hereby authorized to seek assistance from any court of competent
jurisdiction in obtaining entry. Routine or areawide inspections shall be based upon such
reasonable selection processes as may be necessary to carry out the purposes of this article,
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including but not limited to random sampling and sampling in areas with evidence of
sStormwater contamination, non---Stormwater-dDischarges or similar factors.
(b) Authority for monitoring and sampling. Any aAuthorized Official may establish on any
property such devices as are necessary to conduct sampling or metering of dDischarges to the
sStormwater sSystem. During any inspections made to enforce the provisions of this article, or
regulations or permits issued hereunder, any Authorized Official may take any samples
deemed necessary.
(c) Requirements for monitoring. The dDirector may require any person engaging in any
activity or owning any property, building or facility
Vii' -) to undertake such reasonable monitoring of any dDischarge to the
sStormwater sSystem and maintenance of all private Stormwater structures, and to furnish
periodie annual maintenance and monitoring reports to the Director.
Sec. 8-419. Enforcement.
safcty or gcncral wclfarc.
(b) Continuing violation. A person shall be dccrncd guilty of a separate violation for cam
during any continuing violation of any provision of this articic, or of any rcgulation or perrnit
issued hcreundcr.
(c (a) Enforcement actions. The dDirector may take all actions necessary, including the
issuance of notices and violations, the filing of court actions, and/or referral of the matter to the
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board of special magistrates in accordance with Article III of Chapter 2 of this code, to require
fines and enforce compliance with the provisions of this article and with any regulation or permit
issued hereunder.
(b) Stop work orders. In addition to other remedies for violation as provided in this section,
violation of this article shall constitute grounds for the issuance of a stop work order by the
building official in accordance with the provisions of the building code.
Section 3. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to
be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 4. Conflicts. All ordinances or parts of ordinances, resolution or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 5. Effective Date. This Ordinance shall become effective immediately upon
adoption on second reading
PASSED AND ADOPTED on first reading this 7th day of February , 2012.
PASSED AND ADOPTED on second reading this 28th day of February , 2012.
YOR FRANKLIN H. C LAN
7
ATT
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CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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Z:"; 7
VILLAGE ATTORNEY
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
ORDINANCES MEETING - FEB. 28, 2012
in the XXXX Court,
was published in said newspaper in the issues of
02/16/2012
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor •romised any person, firm or corporation
any discount - e . e, commi ion or refund for the purpose
of : - . • . this adve ii`ti:- =s.,. - cation in the said
16 day of FEBRUARY
o and subscribed before me this
, A.D. 2012
(SEAL)
MARIA MESA personally known to me
ow P`,t, Notary Public State of Florida
Cheryl H. Mariner
V.:
My Commission DD793490
For <N.'' Expires 07/18/2012
i
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
Notice is hereby given that the following ordinances will be considered on
Second Reading by the Village Council of the Village of Key Biscayne at
a meeting to be held on Tuesday, February 28, 2012 at 7:00 p.m., in the
Council Chamber, located at 560 Crandon Boulevard; Key Biscayne,
Florida:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING- CHAPTER 8 "ENVIRONMENT"' TO CREATE- ARTICLE
VIII "SOIL EROSION, FUG ITIVE DUST AND SEDIMENT CONTROL"
TO PROVIDE FOR SOIL EROSION AND SEDIMENT POLLUTANT
MANAGEMENT AND CONTROL REGULATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLIC TS; -AND, PROVIDING,
FOR AN EFFECTIVE DATE. -
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING. CHAPTER__ 8: "Elk VIRONMENT"';TO` CREATE ARTICLE
VII "STORMWATER CONTRO0' s; IN ,ORDER,yTO ,PROVIDE FOR
STORMWATER MANAGEMENT REGULATIONS;' PROVIDING" FOR
SEVERABILITY; • PROVI INGFOR'g CO NFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE:
The proposed Ordinances maybe inspected by the public at the Office of
the Village Clerk. Interested parties may appear at the Public Hearing
and be heard with respects to„the proposed Ordinances: Any person
wishing to address the,,VilIage, Council on any item at this Public Hearing
is asked to register with the Village Clerk prior to that item being heard.
In accordance `with, the`Americans With Disabilities Act of 1990, all
persons who are disabled and, who; need special accommodations to
participate- in this proceeding because of that disability should contact
the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key
Biscayne, Florida 33149, telephone number (305)_ 365-5506,- not later
than -two business,.days prior to such proceeding. Shouldr y_person desire to appeal any.decision of the Village Council
with*e tyo, any.matter to be considered at this meeting, that person
shall insure that a verbatim record of.the proceedings is made including
all—testIttnt and evidence upon which any appeal may be based
(F.81.286-.0105),
Comment ofr any ,interested- party relative to this matter may - be
subrnitt d wring and or presented in person at the public hearing.
2/16-
Conchita H. Alvarez, MMC
Village Clerk. =
- 12-4-231/1.835602M_