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

Attorney at Law Fla Bar No 115444 244 Racetrack Rd NE Fort Walton Beach FL 32547 850) 243- 6969 Fax: ( 850) 244- 8929 The contents of this message may be attorney- client privileged. Do not disseminate to any other person and please ask if you are uncertain. Under Florida law, e- mail addresses are public records. Original Message----- From: Sam Wilson [ mailto: swilson@fwb. org] Sent: Monday, May 07, 20077: 28 AM To: toni@tlcpa. gccoxmail. com Cc: John Hofstad; Missy McKim; Len Mitchell; Joyce Shanahan Subject: RE: lODE Ordinance Toni, I The 10. 70. 03 does not apply to the IDDE and I concur with the amended "Wastewater" IDDE definition. will be preparing a staff report to include with this document for the May 22nd City Council agenda and sending an electronic copy to the FDEP' s NPDES section for review. I appreciate the timely help and advise you have given throughout this process. Thanks, Sam Wilson Environmental Specialist City of Fort Walton Beach P. O. Box 4009 Fort Walton Beach, FL. 32549 W:( 850) 833- 9932 C:( 850) 585- 0869 Original Message----- From: Toni l Craig [ mailto: toni@tlcpa. gccoxmail. com] Sent: Thursday, April 26, 2007 2: 36 PM To: Sam Wilson Subject: RE: lODE Ordinance Sam  Page 2 of5 Same issue with the definition of "wastewater." It is defined differently in the Code at section 10. 70. 03, " Wastewater. The liquid and water carried industrial or domestic wastes ITom dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or which is contributed into or untreated, permitted to enter the POTW." Ifwe can use the same definition in the IDDE ordinance, we should. I think the word " uncontaminated" in the IDDE defmition may be the key. However, if the 10. 70.03 definition does not apply to the IDDE, then amend IDDE definition to: Wastewater. For purposes of this chapter. any water or other liquid, other than uncontaminated stormwater. discharged from a facility. Otherwise, the ordinance is approved as to form and legal sufficiency. Toni L. Craig Attorney at Law Fla Bar No 115444 244 Racetrack Rd NE Fort Walton Beach FL 32547 850) 243- 6969 Fax: ( 850) 244- 8929 The contents of this message may be attorney- client privileged. Do not disseminate to any other person and please ask if you are uncertain. Under Florida law, e- mail addresses are public records. Original Message---- From: Sam Wilson [ mailto: swilson@fwb. org) Sent: Wednesday, April 25, 2007 12: 14 PM To: toni@tlcpa. gccoxmail. com Cc: John Hofstad; mcdoweI2@owc. edu Subject: RE: lODE Ordinance Toni, You have not delayed the process in any way. I' ve had a lot going on recently and didn' t have time to focus on the ordinance. Things have slowed down a little bit now and I would like to have this ordinance ready for Council by the May 220d meeting. I have attached the ordinance with changes that I made, in red, to your version under " Final Showing Markups." When you get a chance please review and let me know if it is acceptable to bring forward to Council. Thanks, Sam Wilson Environmental Specialist City of Fort Walton Beach P.O. Box 4009 Fort Walton Beach, FL. 32549 W:( 850) 833- 9932 C:( 850) 585- 0869 10 1"1 (\(\' 7 1 ORDINANCE NO. 1720 2 3 4 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; 5 PROVIDING FOR AUTHORITY; ADDING SECTION 10. 521 ENTITLED 6" INAPPROPRIATE DISCHARGE DETECTION AND ELIMINATION INTO 7 STORMWATER SYSTEM" TO VOLUME II, CODE OF ORDINANCES; 8 ESTABLISHING REGULATIONS FOR CONTRIBUTIONS OF 9 POLLUTANTS BY STORMWATER DISCHARGE BY ANY USERS, AND TO 10 PROHIBIT INAPPROPRIATE CONNECTIONS TO THE MS4; RESOLVING 11 CONFLICTING PROVISIONS; DETERMINING SEVERABILITY; AND 12 SETTING AN EFFECTIVE DATE. 13 14 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 15 THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 16 17 SECTION 1. AUTHORITY 18 The authority for enactment of this ordinance is pursuant to the powers for the Section 19 City of Fort Walton Beach, provided in Section 2 of the City Charter, and 20 166. 021(1), Florida Statutes. 21 22 SECTION 2. CREATION OF SECTION 10. 521, ENTITLED INAPPROPRIATE 23 DISCHARGE DETECTION AND ELIMINATION INTO STORMW ATER 24 SYSTEM. The Code of Ordinances, City of Fort Walton Beach, Florida, is hereby 25 amended by adding section 10.521, INAPPROPRIATE DISCHARGE DETECTION 26 AND ELIMINATION INTO STORMWATER SYSTEM, which shall read as 27 follows: 28 10.521 Inappropriate Dischare:e Detection and Elimination Into 29 30 Stormwater System 31 10. 521.01 purpose. Intent. 32 The purpose of this ordinance is to provide for the health. safety. and general 33 welfare of the citizens of the City of Fort Walton Beach through the regulation of 34 non- stormwater discharges to the storm drainage system to the maximum extent 35 practicable as required by federal and state law. This ordinance establishes methods 36 for controlling the introduction of pOllutants into the municipal separate storm sewer 37 system ( MS4) to comply with requirements of the National Pollutant Discharge 38 Elimination System (NPDES) permit process. The obiectives of this ordinance are to 39 regulate the contribution of pollutants to the MS4 by stormwater discharges by any 40 user. ~ rohibit unpermitted connections and discharges to the MS4. to establish legal 41 authority to carry out all inspection. surveillance. monitoring. and enforcement 42 procedures necessary to ensure compliance with this ordinance. 43 44 10.521. 02 Definitions 45 The following terms shall have the stated meanings for the purpose of this 46 ordinance: 47 Best Management Practices ( BMPs). Schedules of activities. prohibitions of educational 48 practices. general good house keeping practices. pollution prevention and practices. maintenance procedures. and other management practices to prevent or 49 50 reduce the discharge of pollutants directly or indirectly to stormwater. receiving 51 waters. or stormwater conveyance systems. BMPs also include treatment practices. operating procedures. and practices to control site runoff. spillage or leaks. sludge or 52 53 water disposal. or drainage from raw materials storage. as established by the City. 54 55 Clean Water Act - The federal Water Pollution Control Act ( 33 D.S. C. & 1251 et 56 seq.). as amended. 57 58 Hazardous Materials. Any material. including any substance. waste. or combination 59 thereof. which because of its Quantity. concentration. or physical. chemical. or 60 infectious characteristics may cause. or significantly contribute to. a substantial 61 present or potential hazard to human health. safety. property. or the environment 62 when improperly treated. stored. transported. disposed of. or otherwise managed. 63 64 InappropriateDischarge. Any direct or indirect non- stormwater discharge to the 65 storm drain system. 66 67 Unpermitted Connections. An unpermitted connection is defined as any drain or 68 conveyance. whether on the surface or subsurface. that allows an inappropriate 69 discharge to enter the storm drain system. including but not limited to. any 70 conveyances that allow any non- stormwater discharge including sewage. process 71 wastewater. and wash water to enter the storm drain system and any connections to 72 the storm drain system from indoor drains and sinks. regardless of whether said drain 73 or connection was previously allowed. permitted. or approved bv an authorized 74 enforcement agency. prior to the adoption of this ordinance. or any drain or the storm drain 75 conveyance connected from a commercial or industrial land use to and 76 system that has not been documented in plans. maps. or equivalent records 77 approved by an enforcement agency. 78 79 Industrial Activity. Activities subiect to NPDES Industrial Stormwater Permits as 80 defined in 40 CFR. Section 122. 26 (b) 14). ( 81 82 Municival Separate Storm Sewer System ( MS4). The system of conveyances, 83 including sidewalks, roads with drainage systems, streets. catch basins. curbs. gutters. 84 ditches. man-made channels. or storm drains, owned and operated by the City of Fort 85 Walton Beach and designed or used for collecting or conveying stormwater. but not 86 used for collecting or conveying sanitary sewage. 87 88