HomeMy Public PortalAboutORD 97/07ORDINANCE NO. 97-7
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 34, UTILITIES, BY
INCLUDING A NEW ARTICLE V TITLED "STORMWATER
CONTROL"; PROVIDING A DEFINITIONS SECTION;
PROVIDING FOR PROHIBITIONS; PROVIDING FOR
NPDES PERMITS; PROVIDING FOR ILLICIT
DISCHARGES; PROVIDING FOR SPILLS AND DUMPING;
PROVIDING FOR ENFORCEMENT AND FOR INSPECTIONS
AND MONITORING; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the federal Clean Water Act (33 U.S.C. 1251, et seq.)
as implemented by regulations of the U.S. environmental Protection
Agency adopted November 16, 1990 (40 CFR Part 122), make necessary
the adoption of local ordinance provisions relating to the
stormwater system; and
WHEREAS, the Town of Gulf Stream is seeking to comply with all
provisions of federal and state law; and
WHEREAS, the Town Commission has conducted legally noticed
public hearings and has provided all interested parties an
opportunity to be heard on these ordinance provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 34, Utilities, is hereby amended by
adding a new Article V which shall be titled "Stormwater Control"
and which shall read as follows:
"ARTICLE V. STORMWATER CONTROL
Sec. 34-81. Title, purpose and intent
(a) This ordinance shall be known as the "Town of Gulf
Stream Stormwater Control Ordinance", and may be so
cited.
(b) The purpose of this ordinance is to promote the
health, safety and general welfare of the inhabitants of
the Town of Gulf Stream. This ordinance is intended to
comply with federal and state law and regulations
regarding water quality.
Sec. 34-82. Definitions.
(a) Authorized official: any employee or agent of the
Town authorized by the Town Manager to administer or
enforce the provisions of this ordinance.
(b) Discharge: any direct or indirect entry of any
solid, liquid or gaseous matter.
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(c) Person: any natural individual, corporation,
partnership, institution or other entity.
(d) Site of industrial activity: any area or facility
used for manufacturing, processing or raw materials
storage, as defined under 40 CFR Section 122.26(a)(14) of
regulations of the U.S. Environmental Protection Agency,
as amended.
(e) Stormwater: any stormwater runoff, and surface
runoff and drainage.
(f) Stormwater system: the system of conveyances used
for collecting, storing and transporting stormwater owned
by the Town, but not including any facilities intended to
be used in accordance with applicable law for collecting
and transporting sanitary or other wastewater.
Sec. 34-83. Industrial activity.
(a) General prohibitions.
Any discharge into the stormwater system in
violation of any federal, state, county, municipal or
other law, rule, regulation or permit is prohibited.
(b) Specific prohibitions.
By adoption of industrial activity stormwater
regulations or by issuance of industrial activity
stormwater permits, or both, the Town of Gulf Stream may
impose reasonable limitations as to the quality of
stormwater (including without limitation the designation
of maximum levels of pollutants) discharged into the
stormwater system from sites of industrial activity. Any
promulgation of such regulations and issuance of permits
by the Town shall be in accordance with applicable law.
(c) Administrative orders.
The Town Manager or his designee may issue an order
to any person to immediately cease any discharge
determined by the Town Manager or his designee to be in
violation of any provision of this ordinance, or in
violation of any regulation or permit issued hereunder.
(d) NPDES permits.
Any person who holds a National Pollutant Discharge
Elimination System (NPDES) permit shall provide a copy of
such permit to the Town no later than the later of
sixty(60) calendar days after the effective date of this
ordinance, or sixty (60) calendar days after issuance.
Sec. 34-85. Illicit discharges.
(a) General prohibitions.
Except as set forth under paragraph (c) of Section
34-85 of this ordinance, or as in accordance with a valid
NPDES permit, any discharge to the stormwater system that
is not composed entirely of stormwater is prohibited.
(b) Specific prohibitions.
Any discharge to the stormwater system containing
any sewage, industrial waste or other waste materials, or
containing any materials in violation of federal, state,
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county, municipal, or other laws, rules, regulations,
order or permits is prohibited.
(c) Authorized exceptions.
Unless the Town Manager determines that it is not
properly managed or otherwise is not acceptable, the
following discharges are exempt from the general
prohibitions set forth under paragraph (a) of Section 34-
85 of this ordinance:
1. flows from fire fighting;
2. water line flushing and other contributions
from potable water sources;
3. landscape irrigation and lawn watering;
4. irrigation water;
5. diverted stream flows;
6. rising groundwaters;
7. direct infiltration to the stormwater system;
8. uncontaminated pumped groundwater;
9. foundation and footing drains;
10. water from crawl space pumps;
11. air conditioning condensation;
12. springs;
13. individual residential car washings;
14. flows from riparian habitats and wetlands; and
15. dechlorinated swimming pool contributions.
(d) Illicit connections.
No person may maintain, use or establish any direct or
indirect connection to the stormwater system that results
in any discharge in violation of this ordinance. This
prohibition is retroactive and applies to connections
made in the past, regardless of whether made under a
permit, or other authorization, or whether permissible
under laws or practices applicable or prevailing at the
time the connection was made.
(e) Administrative order.
The Town Manager or his designee may issue an order to
any person to immediately cease any discharge, or any
connection to the stormwater system, determined by the
Town Manager or his designee to be in violation of any
provision of this ordinance, or in violation of any
regulation or permit issued hereunder.
Sec. 34-86. Spills and dumping.
(a) General prohibitions.
Except as set forth under Section 34-86 (c) of this
ordinance or as in accordance with a valid NPDES permit,
any discharge to the stormwater system that is not
composed entirely of stormwater is prohibited.
(b) Specific prohibitions.
Any discharge to the stormwater system containing
any sewage, industrial waste or other waste materials, or
containing any materials in violation of federal, state,
county, municipal or other laws, rules, regulations,
orders or permits is prohibited.
(c) Notification of spills.
As soon as any person has knowledge of any discharge
to the stormwater system in violation of this ordinance,
such person shall immediately notify the Town Manager by
telephone, and if such person is directly or indirectly
responsible for such discharge, then such person shall
also take immediate action to ensure the containment and
clean up of such discharge, and shall confirm such
telephone notification in writing to the Town Manager at
100 Sea Road, Gulf Stream, Florida 33483, within three
(3) calendar days.
(d) Administrative order.
The Town manager or his designee may issue an order
to any person to immediately cease any discharge or
connection to the stormwater system determined by the
Town Manager or his designee to be in violation of any
provision of this Ordinance, or in violation of any
regulation or permit issued hereunder.
Sec. 34-87. Enforcement.
(a) Injunctive relief.
Any violation of any provision of this ordinance, or
of any regulation or order issued hereunder, shall be
subject to injunctive relief if necessary to protect the
public health, safety or general welfare.
(b) Continuing violation.
A person shall be deemed guilty of a separate
violation for each and every day during any continuing
violation of any provision of this ordinance, or any
regulation or permit issued hereunder.
(c) Enforcement actions.
The Town Manager or his designee may take all
actions necessary, including the issuance of notices of
violation, the filing of court actions and/or referral of
the matter to the Town code enforcement board, to require
and enforce compliance with the provisions of this
ordinance and with any regulation or permit issued
hereunder.
Sec. 34-88. Inspections and monitoring.
(a) Authority for inspections.
Whenever necessary to make an inspection to enforce
any of the provisions of this ordinance, 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 ordinance, or regulation or permit
issued hereunder, any authorized official may enter any
property, building or facility at any reasonable time to
inspect the same or to perform any duty related to
enforcement of the provisions of this ordinance or any
regulations or permits issued hereunder, provided that:
(1) if such property, building or facility is occupied,
such authorized official shall first present proper
credentials and request permission to enter; and
(2) 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
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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 in
such event that entry is refused, the authorized
official may enter to make inspection only upon
issuance of a search warrant by a duly authorized
magistrate or judge. If the owner or person in
control refuses permission to enter after such
request had been made, the authorized official is
hereby authorized to seek assistance from any court
of competent jurisdiction in obtaining entry.
Routine or area -wide inspection shall be based upon
such reasonable selection processes as may be
necessary to carry out the purposes of this
ordinance, including, but not limited to random
sampling and sampling in areas with evidence of
stormwater contamination, non-stormwater
discharges, or similar factors.
(b) Authority for monitoring and sampling.
Any authorized official may establish on any
property such devices as are necessary to conduct
sampling or metering of discharges to the stormwater
system. During any inspections made to enforce the
provisions of this ordinance, or regulations or permits
issued hereunder, any authorized official may take any
samples deemed necessary.
(c) Requirements for monitoring.
The Town Manager or his designee may require any
person engaging in any activity or owning any property,
building or facility (including but not limited to a site
of industrial activity) to undertake such reasonable
monitoring of any discharge(s) to the stormwater system
and to furnish periodic reports."
Section 2. Severability.
If any provision of this Ordinance or the application thereof
is held invalid, such invalidity shall not affect the other
provisions or applications of this Ordinance which can be given
effect without the invalid provisions or applications, and to this
end the provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Florida, or
parts thereof which conflict with this or any part of this
Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the
official Code of Ordinances of the Town of Gulf Stream.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage
and approval, as provided by law.
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PASSED AND ADOPTED in a regular, adjourned session on first
reading this 24th day of October , 1997, and for a second and
final reading on this 14th day of November 1997.
MAYOR
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ATTEST:
TOWN CLERK r
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TOWN COMMISSION