Fort Walton Beach Ordinance — 1720 Stormwater Inappropriate Discharge — reading text

READING 1st 2nd ORDINANCE NO. 1720 AN ORDINANCE OF THE CITY OF FORT W ALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; ADDING SECTION 10. 521 ENTITLED INAPPROPRIATE DISCHARGE DETECTION AND ELIMINATION INTO STORMWATER SYSTEM" TO VOLUME II, CODE OF ORDINANCES; ESTABLISHING REGULATIONS FOR CONTRIBUTIONS OF POLLUTANTS BY STORMWATER DISCHARGE BY ANY USERS, AND TO PROHIBIT INAPPROPRIATE CONNECTIONS TO THE MS4; RESOLVING CONFLICTING PROVISIONS; DETERMINING SEVERABILITY; AND SETTING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT W ALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY The authority for enactment of this ordinance is pursuant to the powers for the of Fort Walton Beach, provided in Section 2 of the City Charter, and Section City 166. 021( 1), Florida Statutes. SECTION 2. CREATION OF SECTION 10. 521, ENTITLED INAPPROPRIATE DISCHARGE DETECTION. AND ELIMINATION INTO STORMWATER SYSTEM. The Code of Ordinances, City of Fort Walton Beach, Florida, is hereby amended by adding section 10. 521, INAPPROPRIATE DISCHARGE DETECTION AND ELIMINATION INTO STORMW A TER SYSTEM, which shall read as follows: 10. 521 Inappropriate Dischar2e Detection and Elimination Into Stormwater System 10. 521.01 Purpose. Intent. The purpose of this ordinance is to provide for the health. safety. and general welfare of the citizens of the City of Fort Walton Beach through the regulation of non- stonnwater discharges to the stonn drainage system to the maximum extent methods practicable as required by federal and state law. This ordinance establishes for controlling the introduction of pollutants into the municipal separate stonn sewer system ( MS4) to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) pennit process. The objectives of this ordinance are to re~ late the contribution of pollutants to the MS4 by stonnwater discharges by any user. prohibit unpermitted connections and discharges to the MS4. to establish legal a11' mspecfIOn. ' survel 11 ance. ' mom t'onng. an d en tIorcement auth on ' ty to carry out DiSPOSITION procedures necessary to ensure compliance with this ordinance. i rv..,: t-:. A 10. 521.02 Definitions  The following tenns shall have the stated meanings for the purpose of this ordinance: Best Management Practices ( BMPs). Schedules of activities. prohibitions of vractices. general good house keeping practices. {>ollution prevention and educational vractices. maintenance procedures. and other management practices to prevent or reduce the discharge of oollutants directly or indirectly to stonnwater. receiving waters. or stonnwater conveyance systems. BMPs also include treatment practices. operating procedures. and practices to control site runoff. spillage or leaks. sludge or water disposal. or drainage from raw materials storage. as established by the City. Clean Water Act - The federal Water Pollution Control Act ( 33 V.S. C. & 1251 et seQ.). as amended. 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. disposed of. or otherwise managed. Inavvrovriate Discharfle. Any direct or indirect non- stonnwater discharge to the stonn drain system. Unvermitted Connections. An unpennitted connection is defined as any drain or conveyance. whether on the surface or subsurface. that allows an inappropriate discharge to enter the drain system. including but not limited to. any stonn conyeyances that allow any non- stonnwater discharge including sewage. process wastewater. and wash water to enter the stonn drain system and any connections to the stonn drain system from indoor drains and sinks. regardless of whether said drain or connection was previously allowed. pennitted. or approved by an authorized enforcement agency. prior to the adoption of this ordinance. or any drain or conyeyance connected from a commercial or industrial land use to the stonn drain system that has not been documented in plans. maps. or equivalent records and approved by an enforcement agency. Industrial Activitv. Activities subiect to NPDES Industrial Stonnwater Pennits as defined in 40 CFR. Section 122. 26 (b) ( 4). Municival Sevarate Storm Sewer Svstem ( MS4). The system of conveyances. including sidewalks. roads with drainage systems. streets. catch basins. curbs. gutters. ditches. man- made channels. or stonn drains. owned and operated by the City of Fort Walton Beach and designed or used for collecting or conyeving stonnwater. but not used for collecting or conveying sanitary sewage. National Pollutant Discharge Elimination Svstem (NPDES) Stormwater Discharfle Permit. A permit issued by the United States Environmental Protection Agency. or by a State under authority delegated pursuant to 33 USC & 1342(b). that authorizes the discharge of pollutants to waters of the United States. whether the pennit is applicable on an individual. grouP. or general area- wide basis. Non- Stormwater Discharfle. Any discharge to the stonn drain system that is not composed entirely of stonn water. 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 obiects. ordinances. and accumulations. so that same may cause or contribute to pollution: floatables: pesticides. herbicides. and fertilizers: hazardous substances and wastes: sewage. fecal colifonn and pathogens: dissolved and particulate metals: animal wastes: wastes and residues that result from constructing a building or structure: and noxious or offensive matter of any kind. Storm Drainage Svstem. Publicly- owned facilities by which stonnwater is collected and/or conveyed. including but not limited to: any roads with drainage systems. municipal streets.gutters. curbs. inlets. piped stonn drains. pumping facilities. retention and detention basins. natural and human- made or altered drainage channels. reservoirs. and other drainage structures. Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any fonn of natural precipitation, and resulting from such precipitation. Stormwater Management Plan. A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stonnwater. Stonnwater Conveyance Systems. and/or Receiving Waters to the Maximum Extent Practicable. Wastewater. For pm:poses of this chapter. any water or other liquid. other than uncontaminated stonnwater. discharged from a facility. 10. 521. 03 Discharge Prohibitions The commencement. conduct or continuance of any unauthorized discharge to the stonn drain system is prohibited. Therefore. no person shall throw. drain. or otherwise discharge. cause. or allow others under its control to throw. drain. or otherwise discharge into the MS4 any pollutants or waters containing any pollutants. The following discharges are exempt from this ordinance: a) water line flushing. landscape irrigation. diverted stream flows. rising ground waters. uncontaminated ground water infiltration. uncontaminated pumped ground water. discharges from potable water sources. foundation drains. air conditioning condensation. irrigation water. springs. water from crawl space pumps. footing drains. lawn watering. individual residential car washing. flows from riparian habitats and wetlands. dechlorinated swimming pool discharges. and street wash water. b) Discharges or flow from firefighting and other discharges specified in writing by the City of Fort Walton Beach as being necessary to protect public health and safety. c) Discharges associated with dye testing after a verbal notification to the City of Fort Walton Beach prior to the time of the test. d) Any non- stonnwater discharge pennitted under a NPDES pennit. waiver. or wastedischarge order issued to the discharger and administered under the authority of the Florida Department of Environmental Protection or the United States Environmental Protection Agency (EP At provided that the discharger is in full compliance with all reQuirements of the permit. waiver. or order and other applicable laws and re~ lations. and provided that written approval has been granted for any discharge to the stonn drain system. 10. 521. 04 Prohibition ofUnpennitted Connections The construction. use. maintenance. or continued existence of unpennitted connections to the stonn drain system is prohibited. This prohibition expressly includes. without limitation. unpennitted connections made in the past. regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 10. 521.041 It is a violation of this ordinance if a person connects a line conveying sewage to the MS4 or allows such a connection to continue. 10. 521.042 Inappropriate connections in yiolation of this ordinance must be disconnected and redirected. if to an approved onsite wastewater necessary. management system or the sanitary sewer system upon approval of