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

the City of Fort Walton Beach. 10. 521.043 Upon receipt of written notice of violation from the City of Fort Walton Beach and within a reasonable time period. the owner of property subiect to the violation shall locate and identify any drain or conyeyance that has not been documented in plans. maps. or equiyalent. that is connected to the stonn sewer system. to include any outfall location or point of connection to the stonn sewer system. sanitary sewer system or other discharge point. and such provide documentation of the location and identification to the City. 10. 521.05 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 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 adiacent to a watercourse. so that such structures will not become a hazard to the use. function. or physical integrity of the watercourse. 10.521. 06 Industrial or Construction Actiyity Discharges The operator of any facility required to have an industrial or construction activity NPDES stonnwater discharge pennit shall submit a COPy of the Notice of Intent (NOn to the City along with the required Stonnwater Pollution Prevention Plan at the same time the overator submits the original Notice of Intent to the FDEP or EPA. asapplicable. Any person subiect to such pennit shall comply with all proyisions of the pennit and provide proof of compliance to the City prior to any discharge into the MS4. It shall be considered a violation of this ordinance if a person subiect to such pennit does not submit a copy of the Notice of Intent or proof of compliance with the pennit to the City prior to any discharge. The COpy of the Notice of Intent and Stonnwater Pollution Prevention Plan may be hand- delivered or mailed to the City at: Notice of Intent to Discharge Stonnwater Attn: Environmental Specialist City of Fort Walton Beach P. O. Box 4009 Fort Walton Beach. FL. 32549 10. 521.07 Comvliance Monitoring The owner of facilities subiect to regulation under this ordinance shall allow the City to enter and inspect as often as may be necessary to determine compliance at the facility with the proyisions of this ordinance. Unreasonable delays in allowing or refusal to allow the City to access a pennitted facility is a violation of a stonnwater discharge permit and of this ordinance. All owners of regulated facilities shall: a) Make the necessary arrangements to allow access to the city if there are security measures in force at the facility which require proper identification and clearance: b) Allow the City 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 an NPDES permit. and the perfonnance of any additional duties as defined by state and federal law: c) Allow the City to set up on any pennitted facility such devices necessary. in the sole discretion of the City. to conduct monitoring and of the facility's sampling stonnwater discharge. d) Install monitoring equipment as required by the City: e) Maintain all sampling and monitoring equipment in a safe and proper operating condition at the operator' s expense. to include the calibration of eQuipment to measure stonnwater flow and Quality: f)Remove and keep clear. at the operator' s expense. any temporary or permanent obstruction to safe and easy access to the facility upon the written or oral request of the City: 10.521. 08 Search Warrant for Compliance Monitoring If an owner or operator of a facility subiect to the provisions of this ordinance refuses access to the City of any part of the premises. The City may apply for the issuance of a search warrant from any court of comvetent iurisdiction. The City must demonstrate probable cause that there may be a violation of this ordinance or a need to inspect and sample discharge from the facility to verify compliance with this ordinance or to protect the overall public health. safety. and welfare of the community. 10. 521.09 Use Of Best Management Practices. The City shall adopt and identify Best Management Practices for any activity. operation. or facility which may cause or contribute to pollution or contamination of stonnwater. the stonn drain system. or waters of the United States. The owner or operator of such activity. operation. or facility shall proyide. at their own expense. reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal stonn drain system or watercourses through the use of these structural and non- structural BMPs. Further. any person responsible for a property or premise that is. or may be. the source of an unpermitted discharge. may be required to implement. at said person' s expense. additional structural and non- structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stonnwater associated with industrial activity. to the extent practicable. shall be deemed compliant with the provisions of this section. These BMPs shall be part of a stonnwater management plan ( SWMP) as necessary for compliance with requirements of the NPDES pennit. 10. 521.10 Notification of Spills Any person responsible for a facility or operation or responsible for emergency response for a facility or operation who becomes aware of or receives infonnation of any known or suspected release of materials that result or may result in unauthorized discharges or pollutants discharging into stonnwater. the stonn drain system. or waters of the United States. shall take all necessary steps. pursuant to the City's BMPs. to discoyer. contain. and cleanup such discharge. In the eyent of such a discharge of hazardous materials. said person shall immediately notify the avpropriate emergency response agencies yia emergency dispatch services. In the event of a release of non-hazardous materials. said person shall notify the City in person or by phone or facsimile no later than 5: 00 p. m. on the next business day. If notification is made in person or by phone. the person responsible for the facility or operation shall confinn that notification by sending a written notice addressed and mailed to the City of Fort Walton Beach within seven r71 business days of the phone or in person notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment. the owner or operator of such establishment shall also retain on- site written record of the an discharge and the actions taken to preyent its recurrence. Such records shall be retained for at least five r51 years. 10.521. 11 Violations. Enforcement. Penalties. It shall be unlawful for any person to yiolate any provision or fail to comply with any of the requirements of this ordinance. Violations of the provisions of this ordinance may be enforced pursuant to chapter 1.8 of the Code. or otherwise as provided by law. However. any condition caused or pennitted to exist in violation of any provision of this ordinance may also be deemed a threat to public health. safety. and welfare. and declared a public nuisance. If any condition is deemed and declared a public nuisance. the City shall abate. enioin. suspend MS4 discharge access. or otherwise compel the cessation of such nuisance pursuant to chapter 5. 05 of the code. The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal. state or local law and it is within the discretion of the City of Fort Walton Beach to seek cumulative remedies. SECTION 3. CONFLICT The requirements of this ordinance are supplemental to the requirements of any other ordinance, rule, regulation, or other provision of law. If any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision imposes higher protective standards for human health and the environment shall control. SECTION 4. SEVERABILITY The provisions of this ordinance are severable. If any provision, clause, sentence, orparagraph of this ordinance or the application of it to any person, establishment, or circumstances shall be held inyalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions or application of this ordinance. SECTION 5. EFFECTIVE DATE This ordinance shall take effect immediately upon approval by the City Council. D ed I~I ~ eo? kk~ Mike Anderson, Mayor A TTEST: Approved as to fonn and legal sufficiency. ikn ~ Helen spen~~ CA New language is underlined Deleted language is strieken Codification Instructions: Sections of this Ordinance to be Codified: Section II Placement: Volume II, Chapter 10. 521 Numbering: New Chapter 10. 521, et. seq. Historical Note: Ord. 1720 ('\)\.9 / \2./ ' 2007)  J ; , :~