O93-07ORDINANCE NO. 093-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 26. WATER, SEWERS AND
CITY UTILITIES BY CREATING A NEW ARTICLE
VI. PROVIDING FOR USE OF THE STORMWATER
SYSTEM; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND 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 City of Boynton Beach is seeking to comply
with all provisions of federal and state law; and
WHEREAS, the City Commission of the City of Boynton
Beach, Florida 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 CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That Chapter 26. Water, Sewers and City
Utilities is hereby amended by creating a new Article VI.
entitled "Stormwater Systems~ as follows:
Art. VI. Stormwater System, Sec. 26-300 - 26-306
Sec.26-300
Purpose and Intent
The purpose of this ordinance is to promote the health, safety
and general welfare of the inhabitants of the City of Boynton
Beach. This ordinance is intended to comply with federal and
state law and regulations regarding water quality.
26-301 Definitions
(a) Authorized Official: any employee or agent of the City
authorized in writing by the Director to administer or enforce
the provisions of this ordinance.
(b) Director: Director of Utilities
(c) Discharge: any direct or indirect entry of any solid,
liquid or gaseous matter
(d) Person: any natural individuai~ corporation,
partnership, institutions or other entity
(e) 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
(f) Stormwater:
and drainage
any stormwater runoff, and surface runoff
(g) Stormwater System: the system of conveyances used for
collecting, storing and transporting Stormwater owner by the
City of Boynton Beach but not including any facilities
intended to be used in accordance with applicable law for
collecting and transporting sanitary or other wastewater.
26.302. Industrial Activit~
302.1
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.
302.2
Specific Prohibitions
By adoption of industrial activity stormwater regulations or
by issuance of industrial activity stormwater permits, or
both, the Director 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 Director shall be in accordance with applicable law.
302.3.
Administrative Orders
The Director may issue an order to any Person to immediately
cease any Discharge determined by the ~Director to be in
violation of any provision of this ordinance, or in violation
of any regulation or permit issued hereunder.
302.4. NPDES Permits
Any person who holds a National Pollutant Discharge
Elimination System (NPDES) permit shall provide a copy of such
permit to the Director no later than the later of: sixty (60)
calendar days after the effective date of this ordinance or
sixty (60) calendar days after issuance.
26.303. Illicit Discharqes
303.1
General Prohibitions
Except as set forth under Section 3.3 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.
303.2
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.
303.3
Authorized Exceptions
Unless the Director determines that it is not properly managed
or otherwise is not acceptable, the following Discharges are
exempt from the general prohibition set forth under Section
303.1 of this ordinance: flows from fire fighting, water line
flushing and other contributions from potable water sources,
landscape irrigation and lawn watering, irrigation water,
diverted stream flows, rising groundwaters, direct
infiltration to the Stormwater System, uncontaminated pumped
groundwater, foundation and footing drains, water from crawl
space pumps, air conditioning condensation, springs,
individual residential car washings, flows from riparian
habitats and wetlands, and dechlorinated swimming pool
contributions.
303.4
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.
303.5
Administrative Order
The Director may issue an order to any Person to immediately
cease any Discharge, or any connection to the Stormwater
System, determined by the Director to be in violation of any
provision of this ordinance~ or in violation of any regulation
or permit issued hereunder.
Sec. 26-304. Spills and Dumping
304.1
General Prohibitions
Except as set forth under Section 3.3 of this ordinance with
a valid NPDES permit, any Discharge to the Stormwater System
that is not composed entirely of Stormwater is prohibited.
304,2
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.
304.3
Notification of Spills
As soon as any Person has knowledge or any Discharge to the
Stormwater System in violation of this Ordinance, such Person
shall immediately notify the Director by telephoning 407-738-
7460, 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 clear up of such
Discharge and shall confirm such telephone notification in
writing to the Director at City of Boynton Beach, 124 E.
Woolbright Road, Boynton Beach, Florida 33435, within three
(3) calendar days.
304.4
Administrative Order
The Director may issue an order to any Person to immediately
cease any Discharge, or connection to the Stormwater System,
determined by the Director to be in violation of any provision
of this Ordinance, or in violation of any regulation or permit
issued hereunder.
26-305
Enforcement
305.1
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.
305.2
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 of any regulation or permit
issued hereunder.
305.3
Enforcement Actions
The Director 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 local code enforcement
Board to require and enforce compliance with the provisions of
this ordinance and with any regulation or permit issued
hereunder.
26-306 Inspections and Monitoring
306.1
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 (a) if
such property, building or facility is occupied, such
Authorized Official shall first present proper credentials and
requires permission to enter, and (b) 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 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. If the owner
or person in control refuses permission to enter after such
request has been made, the Authorized Official is hereby
authorized to seek assistance from any court of competent
.ction in obtaining entry. Routine or area-wide
tions shall he 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.
306.2
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.
306.3
Requirements for Monitoring
The Director 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. That each and every other provision of
Chapter 26 not herein specifically amended shall remain in
full force and effect as previously enacted.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 4. Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence or word
be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this
ordinance.
Section 5.
ordinance.
Authority is hereby granted to codify said
Section 6. This ordinance shall become effective
immediately upon passage.
FIRST READING this ~ day of April, 1993.
SECOND, FINAL READING AND PASSAGE this
1993.
day of May,
C I TY OF BOYNTON BEACH,
FLORIDA /
/
ATTEST:
City Clerk
Comm
(Corporate Seal)
Storm. Wtr
4/13/93