Fort Walton Beach Council agenda — 05-22-2007 regular agenda — reading text

action to enforce, or for breach of, this Agreement shall be in the Circuit Court in and for the Second Judicial Circuit, Leon County, Florida. 7  22. The Parties represent and warrant that the person executing this Agreement on behalf of each Party has the legal authority to bind the Party to the terms of this Agreement. 23. The Parties agree to cooperate fully with one another in implementing this Agreement. CHARLES J. CRIST, Jr. TOM GALLAGHER Attorney General Chief Financial Officer L.CLAYTON ROBERTS DENNIS SILVERMAN Deputy Attorney General Deputy General Counsel PATRICIA A.CONNERS Florida Bar No. 0314470 Director, Antitrust Division MICHAEL DAVIDSON LIZABETH A.LEEDS Assistant General Counsel Senior Assistant Attorney General Florida BarNo. 191637 RUSSELL S. KENT Department of Financial Services Assistant Attorney General 200 E. Gaines Street, Suite 612 CHRISTOPHER R. HUNT Tallahassee, Florida 32399- 0333 Assistant Attorney General Telephone: ( 850) 413- 4162 Office of the Attorney General Antitrust Division PL- 01, The Capitol Tallahassee, Florida 32399- 1050 KEVIN M. MCCARTY Commissioner, Office of Insurance Regulation STEVEN H. PARTON General Counsel Florida Bar No. 188357 JIM L.BENNETT Florida Bar No. 0764442 Assistant General Counsel Office of Insurance Regulation 200 E. Gaines Street, Suite Telephone: ( 850) 413- 4171 8  BROWN & BROWN, INC. Corporate Seal By: ROBERT W. LLOYD Assistant General Counsel 220 South Ridgewood Avenue Daytona BeaQh, Florida 32114 Telephone 386- 239- 5752 DATED: 9  CITY COUNCIL MEETING May 22, 2007 Public Hearing Agenda Consideration of Ordinance 1720, adding Section 10. 521 entitled " Inappropriate Discharge Detection and Elimination into Stormwater System" First Reading) Utilities Director) Council Action 1st 2nd Vote: PH - 5 Agenda Item Number:  CITY OF FORT WALTON BEACH MEMORANDUM To: Joyce Shanahan, City Manager From: Sam Wilson, Environmental Specialist Through: John Hofstad, Utilities Director Date: May 14, 2007 Subject: Ordinance 1720 " Inappropriate Discharge Detection and Elimination" Background: One of the most important permitting programs driving changes to state, local, and national stonnwater control is called NPDES ( Pollutant Discharge Elimination System). This National program is regulated by the Florida Department of Environmental Protection and is authorized by the federally mandated Clean Water Act. The program is intended to control water pollution by regulating point and nonpoint discharge sources. A point source is an easily identified discrete location. Good examples of point sources are factories, power plants, mines, and oil wells. Each one of these industries has a need to fluids into a discharge conveyance system, such as a ditch or creek, which eventually ends up in a larger body of water possibly leading to a concentrated source of pollution. The second regulated discharge source is a nonpoint source, which is considered less discrete and not as easily identifiable. Good examples of nonpoint discharge sources are: farms, forests, urban streets, parking lots, and lawns. Rainwater from these sources carry pesticides, fertilizers, animal feces, and other toxic material into the stonn drains that outfall to coastal waters like Santa Rosa Sound, Gamier' s Beach, and Cinco Bayou. The NPD ES permitting regulations are used to protect water quality by minimizing the detrimental effects of pollutants from both nonpoint and point sources. Currently, there are two types ofNPDES permits. One type is designed for cities like Fort Walton Beach, and the other type is intended for large and small construction sites over one acre. Any contractor doing work that disturbs an area that is over one acre, or may be linked in the future to a development over one acre, has to apply for and receive an NPDES permit before beginning construction. As for the City of Fort Walton Beach, we are what the NPDES refers to as a " Phase II MS4," which is basically a blanket permit for the entire City allowing us to discharge stonnwater to State bodies of water. Under our current NPDES permit as a City, we have five years to develop a stonnwater management program ( SWMP), which consist of best management with practices (BMPs), measurable goals, used to implement the following six minimum control measures: 1. Public Education and Outreach: Perfonn educational outreach regarding the harmful of impacts polluted stonnwater runoff. 2. Public Participation/ Involvement: Comply with State and local public notice requirements and encourage other avenues for citizen involvement. 3. Illicit Discharge Detection and Elimination: Implement a plan to detect and eliminate any non- stonnwater discharges to the MS4 and create a system map showing outfall locations. 4. Construction Site Runoff Control: Implement and enforce an erosion and sediment control program for construction activities. 5. Post- construction Runoff Control: Implement and enforce a program to address discharges of post-construction stonnwater runoff from new and development redevelopment areas. ( NOTE: This minimum control is met by the State' s stonnwater pennitting program under Part IV, Chapter 373, F.S.) or Chapter 62- 25) F.A.C.,as a qualifYing alternative program.) 6. Pollution Prevention/ Good Housekeeping: Implement a program to reduce pollutant runoff from municipal operations/ and property perfonn staff pollution prevention training. Discussion: The City of Fort Walton Beach has submitted its third annual NPDES report. This report outlines what the City has accomplished over the three in past years preparation of a Stonnwater Management Program. Number (3) three of the above mentioned Best Management Practices states the need for the City to develop an Illicit Discharge Detection and Elimination plan to detect and eliminate any non- stormwater discharges to the City's local stonnwater conveyance system. The first step in this planning process is to adopt an ordinance outlining the necessary measures needed to achieve the outlined objective. To comply with this portion of the NPDES pennit,City Staff has prepared Ordinance 1720 " Inappropriate Discharge Detection and Elimination." This ordinance is designed to begin the process of eliminating pollutants from the local stonnwater conveyance system and was developed with the help of the Choctawhatchee Basin Alliance and Dr. Robert Pitt from the University of Alabama. Recommendation: Staff recommends Council consideration for adoption of Ordinance 1720 " Inappropriate Discharge Detection and Elimination." If approved on first Ordinance 1720 will be reading, brought again before Council on June 12th for second reading and final adoption. Submitted By: Date 2  O7 Date 0' Date J yce ShanaHan, City Manager Attachments: 1. City Attorney concurrence - email dated 4/ 26/ 07 2. Proposed Ordinance 1720 3  Page 1 of5 Sam Wilson From: Toni L Craig [ toni@tlcpa. gccoxmail. com] Sent: Monday, May 07, 2007 9: 27 AM To: Sam Wilson Subject: RE: lODE Ordinance Sam OK. Thanks. Toni L. Craig