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1993-08 Storm Water ManagementORDINANCE NO. g_93 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 21 OF THE VILLAGE OF NORTH PALM ' BEACH CODE, PLANNING AND DEVELOPMENT, STORMWATER MANAGEMENT, PROVIDING FOR DEFINITIONS; PROVIDING FOR WATER QUALITY; PROVIDING FOR ENFORCEMENT; PROVIDING FOR INSPECTIONS AND MONITORING; PROVIDING FOR PENALTIES; PROVIDING FOR CAPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE VILLAGE CODE AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, THAT: Section 1. That Chapter 21,Article V., Section 21-70, Water Quality, of the Village of North Palm Beach Code is hereby amended to read as follows: (a) Definitions ' (1) Authorized Official: any employee of the Village authorized in writing by the Director to administer or enforce the provisions of this ordinance (2) Director: the Director of Public Services (3) Discharge: any direct or indirect entry of any solid, liquid or gaseous matter (4) Person: any natural individual, corporation, partnership, institution, or other entity (5) 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 (6) Stormwater: any stormwater runoff, and surface runoff and drainage. strmwatr.ord 1.14.93rev - 1 - (7) Stormwater System: the system of conveyances 1 used for collecting, storing, and transporting stormwater owned by the Village but not including any facilities intended to be used in accordance with applicable law for collecting and transporting sanitary or other wastewater (b) Water Quality: In order to minimize the degradation of water quality in receiving bodies, all development will be provided with landscaped areas, grassed areas or other natural vegetated areas to receive runoff from buildings, pavement or other impervious areas to the degree that pollutants from these areas may be absorbed by the vegetation or percolated into the soil. No runoff from such impervious areas shall be discharged directly Into any outlet or storm sewer without first being given the opportunity to pass through a natural vegetated area. All potential areas of soil erosion shall be protected to minimize siltation transport by flowing water. (c) To protect an preserve water quality, Best Management Practices (BMPS) for construction site runoff, as contained in Chapter 4.0 of the Palm Beach County, 208 Areawide Waste Treatment Management Plan, shall be employed. strmwatr.ord 1.14.93rev - 2 - (d) Industrial Activity (1) General Provisions. Any discharge into the stormwater system in violation of any federal, ' state, county, municipal or other law, rule, regulation or permit is prohibited. (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 £rom sites of industrial activity. Any promulgation of such regulations and issuance of ' permits by the Director shall be in accordance with applicable law. (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. (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. strmwatr.ord 1.14.93rev - 3 - (e) Illicit Discharges (1) General Prohibitions ' Except as set forth under Section (e)(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. (2) Specific Prohibitions Any discharge to the stormwater system containing any sewage, industrial waste or other waste materials, or containing any materials 1n violation of federal, state, county, municipal, or other laws, rules, regulations, orders or permits, is prohibited. ' (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 (e)(1) of this ordinance: flows £rom 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 strmwatr.ord 1.14.93rev - 4 - condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, and de-chlorinated swimming pool ' contributions. (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. ' (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. (f) Spills and Dumping (1) General Prohibitions Except as set forth under Section (e)(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. strmwatr.ord 1.14.93rev - 5 - (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. (3) Notification of Spills As soon as any person has knowledge of any discharge to the stormwater system in violation of this ordinance, such person shall immediately notify the Director by telephone or other direct means 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 clean up of such discharge and shall confirm such telephone notification in writing to the Director within three (3) calendar days. (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. 1 strmwatr.ord 1.14.93rev - 6 - (g) Enforcement (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. (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. ' (3) Enforcement Actions The Director may take all actions necessary, including the issuance of notices of violation and the filing of court actions, and/or request enforcement by the Village Code Enforcement Board to require and enforce compliance with the provisions of this ordinance and with any regulation or permit issued hereunder. (h) Inspections and Monitoring (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 strmwatr.ord 1.14.93rev - ~ - 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 request 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 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 jurisdiction in ' obtaining entry. Routine or area-wide inspections shall be based upon such reasonable strmwatr.ord 1.14.93rev _ g _ 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. (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 of 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. 1 (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. Captions. ' The captions, section headings and section designation used in this ordinance are intended for the convenience of users only and shall have no effect on the interpretation of the strmwatr,ord 1.14.93rev - 9 - -provisions of this ordinance. Section 3. Severability. If any section, paragraph, sentence, clause, phrase or word ' of this ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this ordinance. Section 4_ Conflicting Ordinances. All ordinances or parts o£ ordinances in conflict herewith are hereby repealed. Section 5_ Inclusion in the Code. The provisions of this ordinance shall become and be made a part of the Village Code of the Village of North Palm Beach, Florida. The sections of this ordinance mat be retitled, renumbered or relettered to accomplish such and the work ' "Ordinance" may be changed to "Section", "Article" or any other appropriate word. Section 6. Effective Date. This ordinance shall become effective immediately upon passage. PLACED ON FIRST READING THIS 28 DAY OF JdRUdry 1993 PLACED ON SECOND READING, FINAL READING AND PASSED THIS ~d- DAY OF February 1993. ~^ //~ ` MAYO ATTEST: ' Village Clerk strmwatr.ord 1.14.93rev - 10 -