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.
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(7) Stormwater System: the system of conveyances
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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.
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- 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.
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(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
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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.
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(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.
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(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
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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
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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.
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(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
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-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
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